Division of Alcoholic Beverages & Tobacco v. Ashbury
Division of Alcoholic Beverages & Tobacco v. Ashbury
Opinion of the Court
Appealed is a non-final order enjoining appellant, the Division of Alcoholic Beverages and Tobacco, from enforcing any adverse administrative decision against appellee, Ashbury, pending review by the circuit court of the constitutional issues raised by a first amended complaint. We reverse on two grounds. First, the allegations and prayer of the complaint are directed to the constitutionality “as applied” of the statute in question rather than to its facial constitutionality. Such an inquiry is properly directed to the district court of appeal following final administrative action, not to the circuit court midstream of the administrative process. Key Haven v. Board of Trustees of the Internal Improvement Fund, 427 So.2d 153 (Fla. 1982); Solimena v. State Department of Business Regulation, 402 So.2d 1240 (Fla. 3d
REVERSED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.