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FLA. DEP'T OF BUSINESS v. WALMART INC.

No. 1D19-4599.

323 So.3d 786 (2021)

FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, Appellant, v. WALMART INC., Wal-Mart Stores East, L.P., ABC Fine Wine and Spirits, Florida Independent Spirits Association, Publix Supermarkets, and Target Corporation, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied August 19, 2021.

Attorney(s) appearing for the Case

Ross Marshman , General Counsel, of the Department of Business & Professional Regulation, Tallahassee, for Appellant.

Elliot H. Scherker , Brigid F. Cech Samole , and Katherine M. Clemente of Greenberg Traurig, Miami, for Appellee Walmart, Inc., and Wal-Mart Stores East, L.P.

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

Florida Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco (the Division), appeals a final order declaring proposed Florida Administrative Code Rule 61A-3.055 (proposed rule) invalid. The proposed rule attempts to define items "customarily sold in a restaurant" as that term is used in...

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