Carnival Leisure Industries, Ltd. v. Herman

Decision Date10 November 1993
Docket NumberNo. 92-3053,92-3053
Citation629 So.2d 882
Parties18 Fla. L. Weekly D2394 CARNIVAL LEISURE INDUSTRIES, LTD., Appellant, v. Jay HERMAN, Appellee.
CourtFlorida District Court of Appeals

Appeal from the Circuit Court for Palm Beach County; Lucy Brown, Judge.

James E. Tribble and Angela C. Flowers, Blackwell & Walker, P.A., Miami, for appellant.

Hal Vogel, Aventura and Barry I. Finkel, Frankel and Finkel, P.A., Pompano Beach, for appellee.

PER CURIAM.

We affirm on the authority of Barquin v. Flores, 459 So.2d 436 (Fla. 3d DCA 1984); Dorado Beach Hotel Corp. v. Jernigan, 202 So.2d 830 (Fla. 1st DCA 1967), appeal dismissed, 209 So.2d 669 (Fla.1968); Young v. Sands Inc., 122 So.2d 618 (Fla. 3d DCA 1960).

Foreign casino gambling obligations, although valid where created, are unenforceable in Florida. We interpret Florida Statute Section 849.26 as exempting transactions expressly authorized by Florida law, not by foreign law.

DELL, C.J., and STONE and FARMER, JJ., concur.

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5 cases
  • In re Hionas
    • United States
    • U.S. Bankruptcy Court — Southern District of Florida
    • October 30, 2006
    ...in a jurisdiction where the debt is legal and enforceable, cannot be enforced by a Florida court. See Carnival Leisure Industries, Ltd. v. Herman, 629 So.2d 882 (Fla. 4th DCA 1993); Froug v. Carnival Leisure Industries, Ltd, 627 So.2d 538 (1993); Barquin v. Flores, 459 So.2d 436 (Fla. 3d DC......
  • Carnival Leisure Industries Ltd. v. Arviv
    • United States
    • Florida District Court of Appeals
    • May 17, 1995
    ...849.26 continued to bar enforcement of a legally incurred casino gambling debt. 627 So.2d at 539; see also Carnival Leisure Indus., Ltd. v. Herman, 629 So.2d 882 (Fla. 4th DCA 1993). Arviv then moved for summary judgment, asserting that the Froug decision was dispositive of the case. He als......
  • Carnival Leisure Industries, Ltd. v. Holzman, 94-1917
    • United States
    • Florida District Court of Appeals
    • September 20, 1995
    ...of the prior suits reached the appellate courts and this court and the Third District issued opinions in Carnival Leisure Industries, Ltd. v. Herman, 629 So.2d 882 (Fla. 4th DCA 1993), and Froug v. Carnival Leisure Industries, Ltd., 627 So.2d 538 (Fla. 3d DCA 1993), respectively. In both Fr......
  • Wallisville Corp. v. McGuinness
    • United States
    • Florida District Court of Appeals
    • January 7, 2015
    ...of gambling debts even if the debt was incurred in another state where the gambling was legal. See Carnival Leisure Indus., Ltd. v. Herman, 629 So.2d 882, 882 (Fla. 4th DCA 1993).Appellant relies on Young v. Sands, Inc., 122 So.2d 618 (Fla. 3d DCA 1960), which was, according to the opinion,......
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