STATE v. BROWARD VENDING, INC.

No. 96-1405.

696 So.2d 851 (1997)

STATE of Florida, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCHOLIC BEVERAGES AND TOBACCO, Appellant, v. BROWARD VENDING, INC., a corporation doing business as Gulfstream Vending, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing, Clarification, Certification of Question, and Rehearing Denied July 9, 1997.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Charles M. Fahlbusch, Assistant Attorney General, Hollywood, for appellant.

Kevin F. Jursinski of Kevin F. Jursinski, P.A., Fort Myers, for appellee.


Rehearing, Clarification, Certification of Question, and Rehearing En Banc Denied July 9, 1997.

ON MOTION FOR REHEARING

PER CURIAM.

We withdraw our previously issued opinion and substitute the following in its place.

The state appeals the order of the trial court enjoining the Department of Business & Professional Regulation, Division of Alcoholic Beverages & Tobacco from seizing machines which the Department claimed were coin-operated...

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