Al's Drug Store, Inc. v. Florida Board of Pharmacy

District Court of Appeal of Florida

Al's Drug Store, Inc. v. Florida Board of Pharmacy

206 So. 2d 682, 1968 Fla. App. LEXIS 6101

CourtDistrict Court of Appeal of Florida

DecidedFebruary 13, 1968

DocketNo. J-161

StatusPublished

This text of 206 So. 2d 682 (Al's Drug Store, Inc. v. Florida Board of Pharmacy) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Al's Drug Store, Inc. v. Florida Board of Pharmacy, 206 So. 2d 682, 1968 Fla. App. LEXIS 6101 (Fla. Ct. App. 1968).

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Opinion

WIGGINTON, Chief Judge.

Pursuant to writ of certiorari issued in this case we review an order rendered by respondent, Florida Board of Pharmacy, revoking the retail drug establishment permit held by petitioner.

Petitioner was charged, tried and found guilty of violating several provisions of the Florida food, drug and cosmetic law.¹ It was because of these violations that petitioner’s permit to operate a retail drug business was revoked. The primary thrust of petitioner’s contention is that the evidence on which its conviction is based was seized during the course of an illegal search of its premises by respondent’s agent, which evidence is both legally and factually insufficient to support the order of revocation. Petitioner additionally alleges that the penalty imposed upon it is excessively severe and should be modified.

We have carefully considered the record, the briefs and oral argument of counsel before the bar of this court. Petitioner has failed to clearly demonstrate that in the rendition of its order here assaulted respondent has departed from the essential requirements of law in any of the particulars relied on as grounds for relief.

The writ is discharged and the petition dismissed.

CARROLL, DONALD K., and RAWLS, JJ., concur.

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WIGGINTON, Chief Judge.

Pursuant to writ of certiorari issued in this case we review an order rendered by respondent, Florida Board of Pharmacy, revoking the retail drug establishment permit held by petitioner.

Petitioner was charged, tried and found guilty of violating several provisions of the Florida food, drug and cosmetic law.¹ It was because of these violations that petitioner’s permit to operate a retail drug business was revoked. The primary thrust of petitioner’s contention is that the evidence on which its conviction is based was seized during the course of an illegal search of its premises by respondent’s agent, which evidence is both legally and factually insufficient to support the order of revocation. Petitioner additionally alleges that the penalty imposed upon it is excessively severe and should be modified.

We have carefully considered the record, the briefs and oral argument of counsel before the bar of this court. Petitioner has failed to clearly demonstrate that in the rendition of its order here assaulted respondent has departed from the essential requirements of law in any of the particulars relied on as grounds for relief.

The writ is discharged and the petition dismissed.

CARROLL, DONALD K., and RAWLS, JJ., concur.

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206 So. 2d 682, 1968 Fla. App. LEXIS 6101, Counsel Stack Legal Research, https://law.counselstack.com/opinion/als-drug-store-inc-v-florida-board-of-pharmacy-fladistctapp-1968.