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ABC FINE WINE & SPIRITS v. TARGET CORP.

No. 1D18-5309.

321 So.3d 896 (2021)

ABC FINE WINE & SPIRITS, Florida Independent Spirits Association, and Publix Supermarkets, Appellants, v. TARGET CORPORATION, Topgolf International, Inc., and Walmart, Inc. and Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, Appellees.

District Court of Appeal of Florida, First District.

May 19, 2021.

Attorney(s) appearing for the Case

William Dean Hall, III , of Dean Mead & Dunbar, Tallahassee, for Appellants.

Elliot H. Scherker , Brigid F. Cech Samole , and Katherine M. Clemente of Greenberg Traurig, P.A., Miami, for Appellee Walmart, Inc.

William N. Spicola , Tallahassee, for Appellees Target Corporation, Topgolf International Inc., and Walmart Inc.

Appellants challenge a final order declaring Florida Administrative Code Rule 61A-3.055 (the existing rule) invalid. The existing rule attempts to define items "customarily sold in a restaurant" as that term is used in section 565.045, Florida Statutes, for the purpose of issuing Consumption on Premises (COP) liquor licenses. Appellants...

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