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1431 Corp. v. Division of Alcoholic

District Court of Appeal of Florida, Fourth District
Mar 1, 1983
426 So. 2d 1076 (Fla. Dist. Ct. App. 1983)

Opinion

No. 82-662.

January 26, 1983. Rehearing Denied March 1, 1983.

Appeal from the Division of Alcoholic Beverages and Tobacco.

Lane Abraham of Sy Chadroff, P.A., Miami, for appellant.

Daniel C. Brown, Deputy Gen. Counsel, Dept. of Business Regulation, Tallahassee, for appellee.


The final order of the Department of Business Regulation which revoked appellant's alcoholic beverage license failed to incorporate three of the hearing officer's findings of fact. These findings were contained in a footnote of the recommended order. Their omission from the final order was clearly inadvertent. Moreover, the substance of these findings would not have altered the agency's final decision. Thus, we modify the final order to incorporate the findings and, as modified, we affirm the final order. See Sonny's Italian Restaurant Pizzeria, Inc. v. Department of Business Regulation, 414 So.2d 1156 (Fla. 3d DCA 1982); Lash, Inc. v. Department of Business Regulation, 411 So.2d 276 (Fla. 3d DCA 1982).

Footnote 4 of the recommended order stated: "In addition, respondent's proposed findings of fact Nos. 7, 10, and 15 are specifically adopted."

AFFIRMED.

HURLEY, DELL, JJ., and OWEN, WILLIAM C., Jr., Associate Judge, concur.


Summaries of

1431 Corp. v. Division of Alcoholic

District Court of Appeal of Florida, Fourth District
Mar 1, 1983
426 So. 2d 1076 (Fla. Dist. Ct. App. 1983)
Case details for

1431 Corp. v. Division of Alcoholic

Case Details

Full title:1431 CORPORATION, APPELLANT, v. DIVISION OF ALCOHOLIC BEVERAGES AND…

Court:District Court of Appeal of Florida, Fourth District

Date published: Mar 1, 1983

Citations

426 So. 2d 1076 (Fla. Dist. Ct. App. 1983)