Flanigan's Enterprises, Inc. v. Cantley

District Court of Appeal of Florida

Flanigan's Enterprises, Inc. v. Cantley

483 So. 2d 895, 11 Fla. L. Weekly 564, 1986 Fla. App. LEXIS 6644

CourtDistrict Court of Appeal of Florida

DecidedMarch 5, 1986

DocketNo. 85-2679

StatusPublished

This text of 483 So. 2d 895 (Flanigan's Enterprises, Inc. v. Cantley) 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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Flanigan's Enterprises, Inc. v. Cantley, 483 So. 2d 895, 11 Fla. L. Weekly 564, 1986 Fla. App. LEXIS 6644 (Fla. Ct. App. 1986).

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Opinion

PER CURIAM.

We deny the petition for certiorari as there is an adequate remedy at law by plenary appeal. There is nothing in the record to establish that the defendant/petitioner knowingly served a person habitually addicted to the use of any alcoholic beverages, which is necessary to establish liability. See Section 768.125, Florida Statutes (1983); Lonestar Florida, Inc. v. Cooper, 408 So.2d 758 (Fla. 4th DCA 1982). Although that void in the record suggests there has been a departure from the essential requirements of law, existence of an adequate remedy at law precludes certiora-ri as a remedy.

HERSEY, C.J., and LETTS and GLICK-STEIN, JJ., concur.

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PER CURIAM.

We deny the petition for certiorari as there is an adequate remedy at law by plenary appeal. There is nothing in the record to establish that the defendant/petitioner knowingly served a person habitually addicted to the use of any alcoholic beverages, which is necessary to establish liability. See Section 768.125, Florida Statutes (1983); Lonestar Florida, Inc. v. Cooper, 408 So.2d 758 (Fla. 4th DCA 1982). Although that void in the record suggests there has been a departure from the essential requirements of law, existence of an adequate remedy at law precludes certiora-ri as a remedy.

HERSEY, C.J., and LETTS and GLICK-STEIN, JJ., concur.

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483 So. 2d 895, 11 Fla. L. Weekly 564, 1986 Fla. App. LEXIS 6644, Counsel Stack Legal Research, https://law.counselstack.com/opinion/flanigans-enterprises-inc-v-cantley-fladistctapp-1986.

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