
    FLORIDA MARINE FISHERIES COMMISSION, Appellant, v. CONCERNED SHRIMPERS OF AMERICA, INC., FLORIDA CHAPTER, Appellee.
    No. 89-3403.
    District Court of Appeal of Florida, First District.
    May 7, 1990.
    Robert A. Butterworth, Atty. Gen., and David B. Guest, Asst. Atty. Gen., Tallahassee, for appellant.
    James C. Adkins, Leonard A. Carson, John D.C. Newton, II, and Lu Ann Snider, Carson & Linn, P.A., Tallahassee, for ap-pellee.
   PER CURIAM.

The Florida Marine Fisheries Commission appeals from a final order of the Division of Administrative Hearings finding Florida Marine Fisheries Commission proposed rule 46-31.002 to be invalid. After State v. Davis, 556 So.2d 1104 (Fla.1990), was decided, the appellee filed both a notice of voluntary dismissal of its cross-appeal and a notice of intention not to file a brief. Upon authority of State v. Davis, the final order is reversed.

ERVIN, ZEHMER and ALLEN, JJ., concur.  