SAM F. DAVIS, AS DIRECTOR, BEVERAGE DEPARTMENT OF THE STATE OF FLORIDA, APPELLANT,
v.
J. J. NOLAN AND ALBERTA NOLAN, HUSBAND AND WIFE, APPELLEES
SAM F. DAVIS, AS DIRECTOR, BEVERAGE DEPARTMENT OF THE STATE OF FLORIDA, APPELLANT,
J. J. NOLAN AND ALBERTA NOLAN, HUSBAND AND WIFE, APPELLEES
70 So. 2d 512
Florida Supreme Court (1954)
Positive Treatment
Cited by 3 cases
Opinion of the Court
[...] Appeal from Circuit Court, Escambia County; L..L.;Fabisinski, Judge.
Affirmed.
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Citator
Cited By
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PIC N' Save Cent. Fla., Inc. v. Dep't of Bus. Reg., 601 So. 2d 245 (Fla. 1st DCA 1992)…. This court reversed, holding that the Director’s finding of negligence was not supported by competent, substantial evidence. The court quoted with approval a circuit court decision, affirmed by the supreme court without opinion in Davis v. Noland, 70 So. 2d 512 (Fla.1954), which stated that the fact that sales of prohibited beverages are made to minors is, standing alone, not sufficient to subject the seller to a penalty. Rather, “it must be made to appear that the sale was made knowingly and wilfully, or…
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Taylor v. State Bev. Dep't of Fla. & Dir. of State Bev. Dep't of Fla., 194 So. 2d 321 (Fla. 2d DCA 1967)…and, therefore, the license should be revoked or suspended, equitable consideration or extenuating circumstances notwithstanding.” The opinion reviews the case of Cohen v. Schott hereinbefore referred to and then mentions Davis v. Noland, Fla.1954, 70 So. 2d 512, wherein the Supreme Court affirmed without opinion a Circuit Court judgment quashing a suspension order entered by the Beverage Director, and referred to the Circuit Court’s decision— “ * * * [rjendered by the late and highly respected Judge Fabis…
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Trader JON, Inc. v. State Bev. Dep't of Fla. & H. G. Cochran, Jr., 119 So. 2d 735 (Fla. 1st DCA 1960)…e to the facts in the case on review, we are compelled to conclude that there is no competent substantial evidence to support the finding of negligence as made by the Director and the order of suspension based thereon. In Davis v. Noland, Fla.1954, 70 So. 2d 512, the Supreme Court affirmed without opinion a judgment of the circuit court setting aside an order of suspension made by the Director of the State Beverage Department. That appeal was taken from an order of the same circuit court as that from which…