FAIRCLOTH v. CENTRAL FLORIDA FAIR, INC.

No. 628.

202 So.2d 608 (1967)

Earl FAIRCLOTH, Attorney General of the State of Florida, Appellant, v. CENTRAL FLORIDA FAIR, INC., a Florida Corporation, and James E. Strates Shows, Inc., a Florida Corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

September 28, 1967.


Attorney(s) appearing for the Case

Earl Faircloth, Atty. Gen., Tallahassee, Edward D. Cowart, Asst. Atty. Gen., Miami, and T.T. Turnbull, Asst. Atty. Gen., Tallahassee, for appellant.

Leon Handley and O. Douglas Wolfe, Jr., of Gurney, Gurney & Handley, Orlando, for appellees.


ANDREWS, Judge.

This is an appeal by defendant, Earl Faircloth, Attorney General of Florida, from a final declaratory decree in favor of the plaintiffs, Central Florida Fair, Inc. and James E. Strates Shows, Inc.

The question presented to the trial court was whether or not certain games enumerated in F.S.A. § 616.091 constitute gambling. The trial judge held that the legislature had determined them to be games of skill and, accordingly, not within the...

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