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Doc.
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Date Docketed
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Description
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Filed by
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Notes
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11/23/2005
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NOTICE-APPEAL (STAT/CONST INVALID)
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AA Florida Department Of Business And Professional Regulation DBPR BY: AA Joseph M. Helton, Jr. 879622
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11/30/2005
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No Fee - State
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STATE APPEAL
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12/16/2005
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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AA Florida Department Of Business And Professional Regulation DBPR BY: AA Joseph M. Helton, Jr. 879622
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FILED AS "MOTION FOR CONTINUANCE"
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12/16/2005
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MOTION-OTHER SUBSTANTIVE
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AE Gulfstream Park Racing Association, Inc. BY: AE Cynthia Skelton Tunnicliff 134939
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FILED AS "APPELLEE'S MOTION TO CLARIFY EXTENT OF AUTOMATIC STAY UNDER RULE 9.310, RULES OF APPELLATE PROCEDURE, OR, IN THE ALTERNATIVE, TO SET ASIDE AUTOMATIC STAY W/EXHIBITS A,B,C
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12/21/2005
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ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS)
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Appellant's motion for extension of time is granted and petitioner is allowed to and including January 5, 2006, in which to serve the initial brief on the merits. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO APPELLANT FOR THE FILING OF THE INITIAL BRIEF ON THE MERITS. All other times will be extended accordingly.
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12/23/2005
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RESPONSE
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AA Florida Department Of Business And Professional Regulation DBPR BY: AA Joseph M. Helton, Jr. 879622
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IN OPPOSITION TO APPELLEE'S MOTION TO CLARIFY EXTENT OF AUTOMATIC STAY UNDER RULE 9.310, RULES OF APPELLATE PROCEDURE, OR IN THE ALTERNATIVE, TO SET ASIDE AUTOMATIC STAY
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12/28/2005
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MOTION-AMICUS CURIAE
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WE Calder Race Course, Inc. BY: WE Wilbur E. Brewton 110408
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12/28/2005
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MOTION-AMICUS CURIAE
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MR Florida Horsemen Benevolent & Protective Assoc. (FHBPA) BY: MR Bruce D Green 262048
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01/04/2006
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NOTICE-FILING
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AE Gulfstream Park Racing Association, Inc. BY: AE Cynthia Skelton Tunnicliff 134939
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AFFIDAVIT OF SCOTT SAVIN (O&1)
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01/05/2006
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INITIAL BRIEF-MERITS
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AA Florida Department Of Business And Professional Regulation DBPR BY: AA Joseph M. Helton, Jr. 879622
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O&7 & E-MAIL
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01/06/2006
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NOTICE-FILING
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Harold F. X. Purnell 148654 BY: Harold F. X. Purnell 148654
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AFFIDAVIT OF DANIEL K. ADKINS
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01/11/2006
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NOTICE-APPEARANCE
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AE Gulfstream Park Racing Association, Inc. BY: AE Peter M. Dunbar 146594
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O&1
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01/19/2006
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ORDER-AMICUS CURIAE GR
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The motion for leave to file brief as amicus curiae filed by Calder Race Course, Inc. and Tropical Park, Inc. is hereby granted and they are allowed to file brief only in support of appellee. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
The motion for leave to file brief as amicus curiae filed by Florida Horsemen's Benevolent and Protective Association, Inc. (FHBPA) is hereby granted and they are allowed to file brief only in support of appellee. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
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01/23/2006
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ORDER-OTHER SUBSTANTIVE DY
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Upon consideration of appellee's Motion to Clarify Extent of Automatic Stay Under Rule 9.310, Rules of Appellate Procedure, or, in the Alternative, to Set Aside Automatic Stay, the motion to vacate the stay is hereby denied and it is concluded that the automatic stay imposed by Rule 9.310(b)(2) remains in effect.
The First District Court of Appeal is hereby directed to recall its mandate.
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01/30/2006
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ANSWER BRIEF-MERITS
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AE Gulfstream Park Racing Association, Inc. BY: AE Cynthia Skelton Tunnicliff 134939
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O&7 & E-MAIL
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02/03/2006
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AMICUS CURIAE ANSWER BRIEF-MERITS
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MR Florida Horsemen Benevolent & Protective Assoc. (FHBPA) BY: MR Bruce D Green 262048
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O&7 & E-MAIL (STRICKEN - SEE 02/13/2006 ORDER)
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02/03/2006
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ORDER-HIGH PROFILE
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Because of significant public and media interest in this matter, counsel for the parties are directed to hereafter file an original and eight (8) copies of all pleadings filed with this Court. Per this Court's Administrative Order In Re: Mandatory Submission of Electronic Copies of Documents AOSC04-84 dated September 13, 2004, counsel are directed to include a copy of all documents, including any attachments and appendices, in an electronic format as required by the provisions of that order. A copy of AOSC04-84 is attached.
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02/07/2006
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ANSWER AMD BRIEF-MERITS
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AE Gulfstream Park Racing Association, Inc. BY: AE Cynthia Skelton Tunnicliff 134939
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(O&7 & E-MAIL)
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02/08/2006
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MOTION-BRIEF AMENDMENT
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MR Florida Horsemen Benevolent & Protective Assoc. (FHBPA) BY: MR Bruce D Green 262048
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FILED AS "MOTION FOR LEAVE TO FILE AMENDED AMICUS BRIEF" (O&7)
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02/08/2006
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AMICUS CURIAE ANSWER AMD BRIEF-MERITS
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MR Florida Horsemen Benevolent & Protective Assoc. (FHBPA) BY: MR Bruce D Green 262048
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O&7 (E-FILE)
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02/09/2006
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ORDER-BRIEF STRICKEN
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In light of the filing of Respondent's amended answer brief on the merits filed with this Court on February 7, 2006, it is ordered that Respondent's answer brief on the merits filed with this Court on January 30, 2006, is hereby stricken.
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02/13/2006
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ORDER-BRIEF AMENDMENT GR
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Florida Horsemen's Benevolent and Protective Association, Inc.'s Motion for Leave to file Amended Amicus Brief is granted and said amended amicus brief was filed with this Court on February 8, 2006.
Florida Horsemen's Benevolent and Protective Association, Inc.'s amicus brief filed with this Court on February 3, 2006, is hereby stricken.
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03/02/2006
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NOTICE-APPEARANCE
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AA Florida Department Of Business And Professional Regulation DBPR BY: AA Stefan Thomas Peavey Hoffer 935921
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O& E-FILE
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03/06/2006
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REPLY BRIEF-MERITS
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AA Florida Department Of Business And Professional Regulation DBPR BY: AA Joseph M. Helton, Jr. 879622
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(O&8 & E-MAIL)
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03/10/2006
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RECORD/TRANSCRIPT
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Jon S. Wheeler BY: Jon S. Wheeler
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7 VOLUMES RECORD & 1 VOLUME CC PAPERS (SHARED WITH SC05-2131)
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03/13/2006
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MOTION-WITHDRAW (MISC)
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WE Calder Race Course, Inc. BY: WE Wilbur E. Brewton 110408
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FILED AS CALDER RACE COURSE, INC. AND TROPICAL PARK, INC.'S NOTICE INTENT NOT TO FILE AN AMICUS CURIAE BRIEF (E-MAIL)
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03/17/2006
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ORDER-OTHER SUBSTANTIVE
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Calder Race Course, Inc. and Tropical Park, Inc.'s Notice Intent Not to File an Amicus Curiae Brief is hereby granted and is dismissed as an Amicus Curiae in the above styled case.
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04/13/2006
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ORDER-OA SCHED
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The above cases are hereby consolidated for purposes of oral argument and are scheduled for argument at 9:00 a.m., Tuesday, June 6, 2006. A maximum of twenty (20) minutes to the side, as consolidated, is allowed for the argument.
NO CONTINUANCES WILL BE GRANTED EXCEPT UPON A SHOWING OF EXTREME HARDSHIP.
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04/13/2006
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ORAL ARGUMENT CALENDAR
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04/25/2006
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MAIL RETURNED
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OA ORDER (ENVELOPE LOST, NO ADDRESS) - PLACED WITH COURT FILE
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05/16/2006
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NOTICE-APPEARANCE
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AA Florida Department Of Business And Professional Regulation DBPR BY: AA Major B. Harding 33657
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05/26/2006
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NOTICE-APPEARANCE
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AA Florida Department Of Business And Professional Regulation DBPR BY: AA Major B. Harding 33657
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O&8 (E-FILE)
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06/06/2006
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ORAL ARGUMENT HELD
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06/27/2006
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NOTICE-RELATED CASE(S)
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AA Florida Department Of Business And Professional Regulation DBPR BY: AA Major B. Harding 33657
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(O&8 & E-MAIL) FILED AS: "NOTICE OF PENDING CASE INVOLVING SIMILAR ISSUE"
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10/16/2006
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ORDER-BRIEF SUPPLEMENTATION
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The parties in the above cases are directed to serve supplemental briefs, specifically addressing the possible operation of the non-severability clause found in section 550.71, Florida Statutes (1996) in the instance that the Court finds section 550.615(6), Florida Statutes (1996) unconstitutional: Appellants' supplemental initial briefs shall be filed on or before November 6, 2006, appellee's supplemental answer brief shall be filed on or before November 16, 2006; and appellants' supplemental reply briefs shall be filed on or before November 21, 2006.
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10/24/2006
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MOTION-EXT OF TIME (BRIEF-SUPP)
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AA Florida Department Of Business And Professional Regulation DBPR BY: AA Major B. Harding 33657
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(O&8 & E-MAIL)
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11/06/2006
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SUPP INITIAL BRIEF-MERITS
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AA Florida Department Of Business And Professional Regulation DBPR BY: AA Joseph M. Helton, Jr. 879622
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(O&8 & E-MAIL)
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11/06/2006
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ORDER-EXT OF TIME GR (SUPPLEMENTAL BRIEF)
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Appellant's motion for extension of time is granted and appellant is allowed to and including December 1, 2006, in which to file the supplemental reply brief. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO APPELLANT FOR THE FILING OF THE SUPPLEMENTAL REPLY BRIEF.
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11/06/2006
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APPENDIX
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AA Florida Department Of Business And Professional Regulation DBPR BY: AA Major B. Harding 33657
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(O&8)
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11/16/2006
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SUPP ANSWER BRIEF-MERITS
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AE Gulfstream Park Racing Association, Inc. BY: AE Cynthia Skelton Tunnicliff 134939
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W/APPENDIX (O&7 & E-MAIL)
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11/17/2006
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CERTIFICATE OF SERVICE (AMD)
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FOR APPELLEE'S SUPPLEMENTAL BRIEF (E-MAIL)
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12/01/2006
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SUPP REPLY BRIEF-MERITS
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AA Florida Department Of Business And Professional Regulation DBPR BY: AA Major B. Harding 33657
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(O&7 & E-MAIL)
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09/06/2007
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DISP-AFFIRMED
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Section 550.615(6) prohibits thoroughbred permitholders from engaging in intertrack wagering in "any area of the state where there are three or more horserace permitholders within 25 miles of each other." Both the trial court and the district court concluded that at the time the statute was amended in 1996, these conditions existed only in the area where Gulfstream was located, and there was no reasonable possibility that they would ever exist in another part of the state. We concur in the findings of the trial court and the conclusion of the district court. As a result, we conclude that section 550.615(6) is an unconstitutional special law enacted in the guise of a general law. Accordingly, we affirm the First District's decision below.
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09/28/2007
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RECORD/TRANSCRIPT RETURNED
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Jon S. Wheeler BY: Jon S. Wheeler
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7 VOLUMES RECORD & 1 VOLUME (SHARED WITH SC05-2131)
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11/30/2007
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ARCHIVES
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1 file
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