06-4879 BROTHER J, INC. d/b/a A.J. SPORTS v. DEPT. OF BUSINESS AND PROFESSIONAL REG., DIV. OF ALCOHOLIC BEVERAGES AND TOBACCO

State: Florida

Court: Florida First District Court

Docket No: 06-4879

Case Date: 08/10/2007

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA BROTHER J. INC. d/b/a A. J. SPORTS, Appellant, CASE NO. 1D06-4879 v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, Appellee. ____________________________/ NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

Opinion filed August 10, 2007. An appeal an order of the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco. Edward T. Bauer, of Brooks, LeBoeuf, Bennett, Foster & Gwartney, P.A., Tallahassee, for Appellant. Josefina Tamayo, General Counsel, and Jennifer A. Tschetter, Assistant General Counsel, Department of Business and Professional Regulation, Tallahassee, for Appellee.

PER CURIAM. Because a license can be suspended or revoked only on the basis of the licensee's own misconduct, and the evidence in this case failed to prove such

misconduct by Brother J. Inc. d/b/a A. J. Sports, we hold the evidence in this case legally insufficient to support the conclusions of law in the appealed order. See Pic N' Save Central Fla., Inc. v. Dep't of Bus. Regulation, Div. of Alcoholic Beverages & Tobacco, 601 So. 2d 245 (Fla. 1st DCA 1992). The order is reversed and remanded with directions to dismiss the charges. REVERSED AND REMANDED. WOLF, PADOVANO, and POLSTON, JJ., CONCUR.

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