The Florida Marine Fisheries Commission appeals from a final order of the Division of Administrative Hearings finding Florida Marine Fisheries Commission proposed rule 46-31.002 to be invalid. After State v. Davis, 556 So.2d 1104 (Fla. 1990), was decided, the appellee filed both a notice of voluntary dismissal of its cross-appeal and a notice of intention not to file a brief. Upon authority of State v. Davis, the final order is reversed.