QUARTER HORSE RACING ASS'N v. REMINGTON PARK, No. 91,959.
| Court | United States State Court of Criminal Appeals of Oklahoma. Court of Civil Appeals of Oklahoma |
| Writing for the Court | CARL B. JONES, Chief |
| Citation | 987 P.2d 1216,1999 OK CIV APP 75 |
| Docket Number | No. 91,959. |
| Decision Date | 26 March 1999 |
| Parties | OKLAHOMA QUARTER HORSE RACING ASSOCIATION, Plaintiff/Appellant, v. REMINGTON PARK, INC., Defendant/Appellee. |
987 P.2d 1216
1999 OK CIV APP 75
v.
REMINGTON PARK, INC., Defendant/Appellee
No. 91,959.
Court of Civil Appeals of Oklahoma, Division No. 1.
March 26, 1999.
Rehearing Denied April 30, 1999.
Certiorari Denied June 29, 1999.
Lauren LeBlanc Day, Oklahoma City, Oklahoma, For Appellant.
James A. Kirk, Oklahoma City, Oklahoma, For Appellee.
Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 1.
CARL B. JONES, Chief Judge:
¶ 1 Plaintiff/Appellant, Oklahoma Quarter Horse Racing Association, appeals an order granting Defendant, Remington Park's motion to dismiss Plaintiff's petition for failure to state a claim upon which relief can be granted. In assessing the sufficiency of the petition, the oft-stated rule is that a petition should not be dismissed for failure to state a cause of action unless it appears beyond doubt that plaintiff can prove no set of facts in support of the claim which would entitle it to relief. Niemeyer v. USF & G, 1990 OK 32, 789 P.2d 1318, 1321.
¶ 2 It was alleged that Remington Park was required by rules of the Oklahoma Horse Racing Commission to deposit into an insured trust account race purse money, entrance money, jockey fees, etc. These are referred to as the Horsemen's funds. The account was to be designated as the Horsemen's Trust Account. Plaintiff alleges that Remington has failed and refused to place the Horsemen's funds in a separate trust account and, in fact, co-mingled the funds and converted them to their own use. The petition seeks damages in claims based on fraud, constructive fraud and conversion. It also seeks an injunction to force Remington to comply with the O.H.R.C. rules as to the treatment of the Horsemen's funds.
¶ 3 The petition contends that the Oklahoma Quarter Horse Racing Association (Plaintiff) ". . . is the duly elected Horsemen's Agent pursuant to Oklahoma Horse Racing Commission rule . . .", and, as such, is entitled to bring this action.
¶ 4 Remington's motion to dismiss contends that Plaintiff, as the Horsemen's agent, did not allege that it is entitled to receive any of the purse money, etc. that Remington allegedly converted. Plaintiff did not allege that Remington had a duty to pay any of the Horsemen's funds to Plaintiff. In other words, Plaintiff is not the real party in interest.1 As to the injunction claim, the motion contends that the O.H.R.C. rules do not authorize anyone other than the O.H.R.C. itself to enforce its rules....
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