Opinion
No. 85-2679.
March 5, 1986.
Petition from the Circuit Court for Broward County, Eugene S. Garrett, J.
H. Mark Vieth of Proenza White, P.A., Miami, for petitioner.
Robert M. Kahn of Kahn Gutter, Fort Lauderdale, for respondents.
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 certiorari as a remedy.
HERSEY, C.J., and LETTS and GLICKSTEIN, JJ., concur.