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Home » Cases Under Administrative Hearing » 18-005116RX

18-005116RX Target Corporation, Topgolf International, Inc., And Walmart Inc. vs. Department Of Business And Professional Regulation, Division Of Alcoholic Beverages And Tobacco
 Status: Closed
DOAH Final Order on Friday, October 15, 2021.

View Dockets  
Summary: Parties? stipulation for fees and costs adopted.

1S TATE OF F LORIDA

6D IVISION OF A DMINISTRATIVE H EARINGS

13T ARGET C ORPORATION , T OPGOLF

19I NTERNATIONAL , I NC ., A ND W ALMART

28I NC . ,

31Petitioners ,

32vs. Case No. 18 - 5116RX

38D EPARTMENT OF B USINESS A ND

45P ROFESSIONAL R EGULATION , D IVISION OF

52A LCOHOLIC B EVERAGES A ND T OBACCO ,

60Respondent,

61and

62A BC F INE W INE A ND S PIRITS , F LORIDA

74I NDEPENDENT S PIRITS A SSOCIATION , A ND

82P UBLIX S UPERMARKETS ,

86Intervenors .

88/

89F INAL O RDER A WARDING F EES AND C OSTS

100This Final Order Awarding Fees and Costs issues in accordance with the

112Joint Stipulation for Attorneys' Fees and Costs and as authorized by section

124120.595(3), Florida Statutes (2021). By their Joint Stipulation the parties

134fully resolve claims for attorneys' fees and costs in Division of Administrative

146Hearing s Case Number 18 - 5116RX and related appeals in First District

159Court of Appeal Case Numbers 1D18 - 5309 and 1D18 - 5311.

171Petitioners are awarded $116,422.00 in attorneys' fees and $2,792.80 in

183costs. Respondent must pay these fees and costs as follows:

1931. The sum of $56,025.00 for attorneys' fees must be paid directly to

207Petitioners and provided in care of Komisar Spicola, P.A.

2162. The sum of $60,397.00 for attorneys' fees must be paid directly to

230Petitioners and provided in care of GrayRobinson , P.A.

2383 . The sum of $336.00 for costs must be paid directly to Petitioners and

253provided in care of Komisar Spicola, P.A.

2604. The sum of $2,456.80 for costs must be paid directly to Petitioners and

275provided in care of GrayRobinson , P.A.

281Respondent must seek immed iate approval for payment and make

291payment within 60 days of the date of this Final Order.

302D ONE A ND O RDERED this 15th day of October , 2021 , in Tallahassee, Leon

317County, Florida.

319S

320J OHN D. C. N EWTON , II

327Administrative Law Judge

3301230 Apalachee Parkway

333Tallahassee, Florida 32399 - 3060

338(850) 488 - 9675

342www.doah.state.fl.us

343Filed with the Clerk of the

349Division of Administrative Hearings

353this 15th day of October , 2021 .

360C OPIES F URNISHED :

365Daniel Johnathon McGinn, Esquire Daniel Ryan Russell, Esquire

373Depa rtment of Business Dean Mead

379and Professional Regulation Suite 1200

384Division of Alcoholic Beverages 106 East College Avenue

392and Tobacco Tallahassee, Florida 32301

397Suite C403

3992601 Blair Stone Road

403Tallahassee, Florida 32399

406William D. Hall, III, Esquire Beth A. Miller, Esquire

415Dean Mead and Dunbar Department of Business

422Suite 1200 and Professional Regulation

427106 East College Avenue Division of Alcoholic Beverages

435Tallahassee, Florida 32301 and Tobacco

4402601 Blair Stone Road

444William Nicholson Spicola, Esquire Tallahassee, Florida 32399

451Post Office Box 664

455Tallahassee, Florida 32302 - 0664 Ross Marshman, Esquire

463Department of Business

466Raymond Treadwell, Esquire and Professional Regulation

472Executive Office of the Governor 2601 Blair Stone Road

481Suite 209 Tallahassee, Florida 32399 - 2202

488400 South Monroe Street

492Tallahassee, Florida 32399 - 6536 David Axelman, Office of the General

503Counsel

504Megan Kach ur, Esquire Department of Business

511Department of Business and P rofessional Regulation

518and Professional Regulation 2601 Blairstone Road

5242601 Blair Stone Road Tallahassee, Florida 32399 - 2202

533Tallahassee, Florida 32399

536Julie I. Brown, Secretary

540Department of Business

543and Professional Regulation

5462601 Blair Stone Road

550Tallahassee, Florida 32399 - 2202

555(850) 413 - 0755

559N OTICE O F R IGHT T O J UDICIAL R EVIEW

571A party who is adversely affected by this Final Order is entitled to judicial

585review pursuant to section 120.68, Florida Statutes. Review proceedings are

595governed by the Florida Rules of Appellate Procedure. Such proceedings are

606commenced by filing the ori ginal notice of administrative appeal with the

618agency clerk of the Division of Administrative Hearings within 30 days of

630rendition of the order to be reviewed, and a copy of the notice, accompanied

644by any filing fees prescribed by law, with the clerk of th e d istrict c ourt of

662a ppeal in the appellate district where the agency maintains its headquarters

674or where a party resides or as otherwise provided by law.

Dockets
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Date
Proceedings
PDF:
Date: 10/15/2021
Proceedings: DOAH Final Order
PDF:
Date: 10/15/2021
Proceedings: Final Order Awarding Fees and Costs. CASE CLOSED.
PDF:
Date: 09/29/2021
Proceedings: Notice of Filing Joint Stipulation for Attorneys' Fees and Costs filed.
PDF:
Date: 09/15/2021
Proceedings: Order Granting Extension of Time.
PDF:
Date: 09/14/2021
Proceedings: Joint Status Report and Request for Additional Time filed.
PDF:
Date: 09/13/2021
Proceedings: Notice of Appearance (Megan Kachur) filed.
PDF:
Date: 09/01/2021
Proceedings: Order to Provide Status of Petitioners' Motion for Attorney's Fees and Costs.
PDF:
Date: 06/09/2021
Proceedings: Mandate
PDF:
Date: 06/09/2021
Proceedings: Mandate
PDF:
Date: 06/09/2021
Proceedings: Opinion filed (1D18-5311).
PDF:
Date: 06/09/2021
Proceedings: Mandate filed (1D18-5311).
PDF:
Date: 06/09/2021
Proceedings: Opinion filed (1D18-5309).
PDF:
Date: 06/09/2021
Proceedings: Mandate filed (1D18-5309).
PDF:
Date: 05/19/2021
Proceedings: Opinion
PDF:
Date: 05/19/2021
Proceedings: Opinion
PDF:
Date: 01/06/2020
Proceedings: Appellant's Notice of No Forthcoming Written Response in Opposition to Appellant's Motion for Continuance of Oral Argument and Motion for Consolidation with Proposed Expedited Briefing Schedule filed.
PDF:
Date: 09/11/2019
Proceedings: Appellant's Notice of Related Case filed.
PDF:
Date: 09/06/2019
Proceedings: Appellants' Request for Oral Argument filed.
PDF:
Date: 09/06/2019
Proceedings: Reply Brief filed.
PDF:
Date: 08/08/2019
Proceedings: Answer Brief of Appellee Topgolf International, Inc., filed.
PDF:
Date: 08/07/2019
Proceedings: Appellee's Motion to Adopt the Answer Brief of Walmart, Inc., filed.
PDF:
Date: 08/07/2019
Proceedings: Answer Brief of Appellee Walmart, Inc., filed.
PDF:
Date: 06/06/2019
Proceedings: Initial Brief of Department of Business and Professional Regulation, Division of Alcholic Beverages and Tobacco filed.
PDF:
Date: 06/06/2019
Proceedings: Initial Brief filed.
PDF:
Date: 06/05/2019
Proceedings: Notice of Appearance of Counsel.
PDF:
Date: 04/26/2019
Proceedings: Joint Response of Appellees Target Corporaton, TopGolf International, Inc., and Walmart Inc., to Motion to Consolidate Appeals for Purposes of Record, Travel, and Disposition filed.
PDF:
Date: 04/26/2019
Proceedings: Notice of Appearance and Designation of e-mail Addresses.
PDF:
Date: 04/16/2019
Proceedings: Corrected Index, Record, and Certificate of Record sent to the First District Court of Appeal.
PDF:
Date: 04/09/2019
Proceedings: Index, Record, and Certificate of Record sent to the First District Court of Appeal. (1D18-5311)
PDF:
Date: 04/09/2019
Proceedings: Index, Record, and Certificate of Record sent to the First District Court of Appeal. (1D18-5309)
PDF:
Date: 01/24/2019
Proceedings: Index (of the Record) sent to the parties of record. (DBPR)
PDF:
Date: 01/24/2019
Proceedings: Invoice for the record on appeal mailed.
PDF:
Date: 01/24/2019
Proceedings: Index (of the Record) sent to the parties of record. (ABC)
PDF:
Date: 01/07/2019
Proceedings: BY ORDER OF THE COURT: Appellant shall either file a certifed copy of the lower tribunal's order of insolvency or pay to the clerk of the First DCA the sum of $300.00, as the appellate filing fee.
PDF:
Date: 01/02/2019
Proceedings: Acknowledgment of New Case, First DCA Case No. 1D18-5309 filed.
PDF:
Date: 12/28/2018
Proceedings: Notice of Appeal filed and Certified copy sent to the First District Court of Appeal this date. (Target Corp.)
PDF:
Date: 12/28/2018
Proceedings: Notice of Appeal filed and Certified copy sent to the First District Court of Appeal this date. (Florida Independant Spirits Association)
PDF:
Date: 12/28/2018
Proceedings: Petitioner's Motion for Attorney's Fees and Costs filed.
PDF:
Date: 12/28/2018
Proceedings: Notice of Appearance (Ross Marshman) filed.
PDF:
Date: 12/28/2018
Proceedings: Notice of Appeal filed and Certified copy sent to the First District Court of Appeal this date. (Florida Independant Spirits Association)
PDF:
Date: 11/30/2018
Proceedings: DOAH Final Order
PDF:
Date: 11/30/2018
Proceedings: Final Order (hearing held October 26, 2018). DOAH JURISDICTION RETAINED.
PDF:
Date: 11/19/2018
Proceedings: Petitioner's Proposed Final Order filed.
PDF:
Date: 11/19/2018
Proceedings: Respondent's Proposed Final Order filed.
PDF:
Date: 11/19/2018
Proceedings: Intervenors' Proposed Final Order filed.
PDF:
Date: 11/09/2018
Proceedings: Notice of Filing Transcript.
Date: 11/09/2018
Proceedings: Transcript of Proceedings (not available for viewing) filed.
Date: 10/26/2018
Proceedings: CASE STATUS: Hearing Held.
PDF:
Date: 10/25/2018
Proceedings: Order Denying Motion to Stay.
PDF:
Date: 10/25/2018
Proceedings: Motion in Limine filed.
PDF:
Date: 10/25/2018
Proceedings: Respondent's Motion to Stay Proceedings filed.
PDF:
Date: 10/25/2018
Proceedings: Joint Prehearing Stipulation filed.
PDF:
Date: 10/24/2018
Proceedings: Notice of Service of Intervenors' Responses to Respondent's Interrogatories and Request for Production filed.
PDF:
Date: 10/24/2018
Proceedings: Order Granting Amended Motion to Withdraw.
PDF:
Date: 10/24/2018
Proceedings: Notice of Services Petitioners' Answers to Respondent's Request for Production filed.
PDF:
Date: 10/24/2018
Proceedings: Notice of Services Petitioners' Answers to Intervenor's Request for Admissions filed.
PDF:
Date: 10/24/2018
Proceedings: Notice of Substitution of Counsel filed.
PDF:
Date: 10/23/2018
Proceedings: Notice of Services Petitioners' Answers to Intervenors' First Set of Interrogatories filed.
PDF:
Date: 10/23/2018
Proceedings: Notice of Services Petitioners' Answers to Respondent's First Set of Interrogatories filed. (Duplicate)
PDF:
Date: 10/23/2018
Proceedings: Notice of Services Petitioners' Answers to Respondent's First Set of Interrogatories filed.
PDF:
Date: 10/23/2018
Proceedings: Notice of Appearance (William Spicola) filed.
PDF:
Date: 10/23/2018
Proceedings: Notice of Substitution of Counsel (William Spicola) filed.
Date: 10/22/2018
Proceedings: CASE STATUS: Motion Hearing Held.
PDF:
Date: 10/22/2018
Proceedings: Notice of Hearing on Amended Motion to Withdraw (motion hearing set for October 22, 2018; 3:30 p.m.).
PDF:
Date: 10/22/2018
Proceedings: Respondent Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco's Response to the Amended Motion to Withdraw as Counsel filed.
PDF:
Date: 10/22/2018
Proceedings: Amended Motion to Withdraw as Counsel filed.
PDF:
Date: 10/22/2018
Proceedings: Motion to Withdraw as Counsel filed.
PDF:
Date: 10/18/2018
Proceedings: Notice of Serving Respondent's First Request for Production, and First Set of Interrogatories (notice of serving discovery on Intervenors) filed.
PDF:
Date: 10/18/2018
Proceedings: Notice of Serving Respondent's First Request for Production, and First Set of Interrogatories filed.
PDF:
Date: 10/18/2018
Proceedings: Petitioners' Third Amended Notice of Taking Deposition of Respondent filed.
PDF:
Date: 10/18/2018
Proceedings: Notice of Service of Intervenors' 1st Set of Interrogatories to Petitioners filed.
PDF:
Date: 10/18/2018
Proceedings: Intervenors' First Requests for Admission to Petitioners filed.
PDF:
Date: 10/16/2018
Proceedings: Notice of Service of Respondent's Discovery Responses Pursuant to Court Order filed.
PDF:
Date: 10/16/2018
Proceedings: Notice of Service of Intervenors' Responses to Petitioners' Interrogatories filed.
PDF:
Date: 10/16/2018
Proceedings: Order Discovery Order and Order Denying Respondent's Motion in Limine.
PDF:
Date: 10/16/2018
Proceedings: Notice of Service of Intervenors' Responses to Petitioners' Interrogatories filed.
PDF:
Date: 10/15/2018
Proceedings: Petitioners' Amended Notice of Taking Deposition of John Harris filed.
PDF:
Date: 10/15/2018
Proceedings: Petitioners' Second Amended Notice of Taking Deposition of Respondent filed.
PDF:
Date: 10/15/2018
Proceedings: Petitioners' Notice of Taking Deposition of John Harris filed.
Date: 10/08/2018
Proceedings: CASE STATUS: Motion Hearing Held.
PDF:
Date: 10/08/2018
Proceedings: Defendant Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco's Motion in Limine and Request for Protective Order filed.
PDF:
Date: 10/08/2018
Proceedings: Notice of Filing (discovery requests dated October 4, 2018) filed.
PDF:
Date: 10/08/2018
Proceedings: Notice of Telephonic Discovery Conference (telephonic conference set for October 8, 2018; 3:00 p.m.).
PDF:
Date: 10/08/2018
Proceedings: Petitioners' Amended Notice of Taking Deposition of Respondent filed.
PDF:
Date: 10/05/2018
Proceedings: Respondent's Notice of Disclosure as Required by Case Management Order filed.
PDF:
Date: 10/05/2018
Proceedings: Intervenors' Notice of Disclosure as Required by Case Management Order filed.
PDF:
Date: 10/05/2018
Proceedings: Petitioners' Notice of Disclosure as Required by Case Management Order filed.
PDF:
Date: 10/04/2018
Proceedings: Petitioners' Notice of Taking Deposition of Respondent filed.
PDF:
Date: 10/04/2018
Proceedings: Petitioners' Second Request for Production of Documents to Respondent filed.
PDF:
Date: 10/04/2018
Proceedings: Notice of Service of Petitioners' First Set of Interrogatories to Intervenor Publix Super Markets, Inc. filed.
PDF:
Date: 10/04/2018
Proceedings: Notice of Service of Petitioners' First Set of Interrogatories to Intervenor Florida Independent Spirits Association filed.
PDF:
Date: 10/04/2018
Proceedings: Notice of Service of Petitioners' First Set of Interrogatories to Intervenor ABC Fine Wine & Spirits filed.
PDF:
Date: 10/04/2018
Proceedings: Notice of Service of Petitioners' Second Set of Interrogatories to Respondent, Department of Business & Professional Regulation, Division of Alcoholic Beverages and Tobacco filed.
PDF:
Date: 10/04/2018
Proceedings: Notice of Filing Respondent's Response to Petitioners' First Request for Production filed.
PDF:
Date: 10/04/2018
Proceedings: Notice of Filing Respondent's Response to Petitioners' First Set of Interrogatories filed.
PDF:
Date: 10/02/2018
Proceedings: Notice of Appearance (Daniel Russell) filed.
PDF:
Date: 10/02/2018
Proceedings: Order Granting Intervention.
PDF:
Date: 10/01/2018
Proceedings: Petitioners' Response in Opposition to Amended Motion to Intervene filed.
PDF:
Date: 10/01/2018
Proceedings: Amended Motion to Intervene filed.
PDF:
Date: 09/28/2018
Proceedings: Motion to Intervene (filed by ABC Fine Wine & Spirits, Florida Independent Spirits Association, and Publix Spermarkets) filed.
PDF:
Date: 09/28/2018
Proceedings: Case Management Order.
PDF:
Date: 09/28/2018
Proceedings: Notice of Hearing (hearing set for October 26, 2018; 9:00 a.m.; Tallahassee, FL).
Date: 09/28/2018
Proceedings: CASE STATUS: Pre-Hearing Conference Held.
PDF:
Date: 09/28/2018
Proceedings: Notice of Appearance (Beth Miller) filed.
PDF:
Date: 09/27/2018
Proceedings: Notice of Telephonic Scheduling Conference (scheduling conference set for September 28, 2018; 1:30 p.m.).
PDF:
Date: 09/27/2018
Proceedings: Amended Notice of Service of Petitioners' First Set of Interrogatories to Respondent filed.
PDF:
Date: 09/27/2018
Proceedings: Order of Assignment.
PDF:
Date: 09/26/2018
Proceedings: Rule Challenge transmittal letter to Ernest Reddick from Claudia Llado copying Ken Plante and the Agency General Counsel.
PDF:
Date: 09/26/2018
Proceedings: Notice of Service of Petitioners' First Set of Interrogatories to Respondent filed.
PDF:
Date: 09/26/2018
Proceedings: Petitioners' Notice of Taking Deposition of Respondent filed.
PDF:
Date: 09/26/2018
Proceedings: Petitioners' First Request for Production to Respondent filed.
PDF:
Date: 09/26/2018
Proceedings: Notice of Appearance (Daniel McGinn) filed.
PDF:
Date: 09/24/2018
Proceedings: Petition for the Administrative Determination of the Invalidity of an Existing Rule filed.

Case Information

Judge:
JOHN D. C. NEWTON, II
Date Filed:
09/24/2018
Date Assignment:
09/27/2018
Last Docket Entry:
10/15/2021
Location:
Tallahassee, Florida
District:
Northern
Agency:
Department of Business and Professional Regulation
Suffix:
RX
 

Counsels

Related Florida Statute(s) (14):