Investment Corp. of South Fla. v. Florida Thoroughbred Breeders Ass'n, Nos. 71--1199
| Court | Court of Appeal of Florida (US) |
| Writing for the Court | Before SWANN; SWANN; CARROLL |
| Citation | 256 So.2d 227 |
| Parties | INVESTMENT CORPORATION OF SOUTH FLORIDA, a Florida corporation, Appellant, v. FLORIDA THOROUGHBRED BREEDERS ASSOCIATION, Inc., etc., et al., Appellees. BISCAYNE KENNEL CLUB, INC., a Florida corporation, et al., Appellants, v. FLORIDA THOROUGHBRED BREEDERS ASSOCIATION, Inc., etc., et al., Appellees. |
| Decision Date | 06 January 1972 |
| Docket Number | 71--1254,71--1256,71--1247,71--1275,71--1222,71--1289 and 71--1318,71--1221,Nos. 71--1199,71--1255 |
Page 227
v.
FLORIDA THOROUGHBRED BREEDERS ASSOCIATION, Inc., etc., et al., Appellees.
BISCAYNE KENNEL CLUB, INC., a Florida corporation, et al., Appellants,
v.
FLORIDA THOROUGHBRED BREEDERS ASSOCIATION, Inc., etc., et al., Appellees.
Rehearing Denied Jan. 26, 1972.
Page 228
Mershon, Sawyer, Johnston, Dunwody & Cole, George W. Wright, Jr., Miami, Sibley, Giblin, Levenson & Ward, Miami Beach, for Biscayne Kennel Club, Inc., and Investment Corp. of South Fla.
William R. Dawes, Miami, for Dania Jai-Alai Palace, Inc.
Robert L. Shevin, Atty. Gen., Herbert M. Klein, Miami, for Bd. of Business Regulation.
George S. Okell, Sr., Miami, for Miami Jai-Alai, Inc. and Gandy Operating Co.
Harrison, Greene, Mann, Davenport, Rowe & Stanton, St. Petersburg, for St. Petersburg Kennel Club.
O'Connell & Cooper, West Palm Beach, for Investment Corp. of West Palm Beach.
Roth, Segal & Levine and Eli H. Subin, Orlando, for West Flagler Associates, Ltd. and Volusia Jai-Alai, Inc.
Cowart & Onett, Miami, for Fla. Thoroughbred Breeders Assn., Inc.,
Before SWANN, C.J., and CHARLES CARROLL and HENDRY, JJ.
SWANN, Chief Judge.
Plaintiff, Florida Thoroughbred Breeders Association, Inc., sued the Florida Board of Business Regulation for declaratory judgment. The Board moved to dismiss alleging, as one of several grounds, the failure to join indispensable party defendants. Plaintiff was required to amend its complaint and plaintiff thereafter filed an amended complaint against the Board and eighteen greyhound race tracks and jai-alai frontons.
Plaintiff's amended complaint alleged essentially that the Board had authorized and created a policy of direct competition between pari-mutuel licensees by enabling certain dog track and jai-alai fronton licensees to run programs during the same hours as and in direct competition with previously allocated horse racing programs. Plaintiff averred it was in doubt as to the ability of the Board to create and allow such competition between pari-mutuel licensees and that a bona fide dispute existed between plaintiff and the Board with respect to this authority of the Board. Plaintiff prayed for a declaratory judgment under Section 120.30, Florida Statutes, F.S.A. determining and declaring the right and ability of the Board to 'institute and create a policy of direct conflicting programs, operation and competition in the program scheduling between thoroughbred horse licensees and dog and fronton licensees.'
Page 229
The Board and Hollywood Dog Track filed answers which raised, among other defenses, the failure of the amended complaint to state a cause of action for declaratory decree under § 120.30, Fla.Stat. F.S.A. All other defendants filed motions to dismiss for failure to state a cause of action. Hollywood also filed a motion for judgment on the pleadings in its favor, seeking a dismissal of the amended complaint with prejudice to the plaintiff. This motion was noticed for hearing, at which time counsel for plaintiff and counsel for most of the defendants appeared. The court heard argument upon Hollywood's motion for judgment on the pleadings and also heard argument upon the other defendant's motions to dismiss the amended complaint. After taking the matter under advisement, the court on June 25, 1971 entered...
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Behm v. Division of Administration, State Dept. of Transp., No. 72--77
...later, or more current, attitude is reflected in Investment Corp. of South Florida v. Florida Thoroughbred Breeders Ass'n., Fla.App.1972, 256 So.2d 227; Kirby v. Speight, Fla.App.1969, 217 So.2d 871; Kash N'Karry Wholesale Supermarkets, Inc. v. Garcia, Fla.App.1969, 221 So.2d 786; Kippy v. ......
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Travel Is Fun, Inc. v. Hartnett, No. 77-2381
...Division of Administration, 315 So.2d 492 (Fla. 4th DCA 1975); Investment Corp. of South Florida v. Florida Thoroughbred Breeders Ass'n, 256 So.2d 227 (Fla. 3d DCA 1972); In re Trust of Aston, 245 So.2d 674 (Fla. 4th DCA The petition for writ of certiorari is granted, the order under review......
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Roosa v. Roosa, No. 4-86-1676
...of Administration, DOT, 315 So.2d 492 (Fla. 4th DCA 1975); Investment Corporation of South Florida v. Thoroughbred Breeders Association, 256 So.2d 227 (Fla. 3d DCA), cert. denied, 261 So.2d 844 Appellee argues that the object of the motion to domesticate the New Jersey contempt order was si......
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Palledeno v. Oesterle, No. 77--353
...a non-jury action when it has been recorded by the clerk. Investment Corp. of South Florida v. Florida Thoroughbred Breeders Association, 256 So.2d 227 (Fla.3d DCA Since the other dismissing the plaintiff's complaint with prejudice was recorded on December 22, 1976, the plaintiff ordinarily......
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Behm v. Division of Administration, State Dept. of Transp., No. 72--77
...later, or more current, attitude is reflected in Investment Corp. of South Florida v. Florida Thoroughbred Breeders Ass'n., Fla.App.1972, 256 So.2d 227; Kirby v. Speight, Fla.App.1969, 217 So.2d 871; Kash N'Karry Wholesale Supermarkets, Inc. v. Garcia, Fla.App.1969, 221 So.2d 786; Kippy v. ......
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Travel Is Fun, Inc. v. Hartnett, No. 77-2381
...Division of Administration, 315 So.2d 492 (Fla. 4th DCA 1975); Investment Corp. of South Florida v. Florida Thoroughbred Breeders Ass'n, 256 So.2d 227 (Fla. 3d DCA 1972); In re Trust of Aston, 245 So.2d 674 (Fla. 4th DCA The petition for writ of certiorari is granted, the order under review......
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Roosa v. Roosa, No. 4-86-1676
...of Administration, DOT, 315 So.2d 492 (Fla. 4th DCA 1975); Investment Corporation of South Florida v. Thoroughbred Breeders Association, 256 So.2d 227 (Fla. 3d DCA), cert. denied, 261 So.2d 844 Appellee argues that the object of the motion to domesticate the New Jersey contempt order was si......
-
Palledeno v. Oesterle, No. 77--353
...a non-jury action when it has been recorded by the clerk. Investment Corp. of South Florida v. Florida Thoroughbred Breeders Association, 256 So.2d 227 (Fla.3d DCA Since the other dismissing the plaintiff's complaint with prejudice was recorded on December 22, 1976, the plaintiff ordinarily......