STATE, ETC. v. SANFORD-ORLANDO KENNEL CLUB

No. 81-789.

411 So.2d 1012 (1982)

STATE of Florida, DEPARTMENT OF LEGAL AFFAIRS, etc.; Seminole Park & Fairgrounds, Inc., Etc., Seminole Greyhound Park, Inc., Etc., Appellants, v. SANFORD-ORLANDO KENNEL CLUB, INC., Etc., Daytona Beach Kennel Club, Inc., Etc., Appellees.

District Court of Appeal of Florida, Fifth District.

March 31, 1982.


Attorney(s) appearing for the Case

David U. Strawn, of Akerman, Senterfitt & Eidson, and Ernest R. Drosdick of Lowndes, Drosdick, Doster & Kantor, Orlando, for appellants, and John J. Rimes, III, Dept. of Legal Affairs of the State of Florida, Division of Administrative Law, and Mitchell D. Franks, Dept. of Legal Affairs of the State of Florida, Civil Section, Tallahassee, for appellant, State of Florida, Department of Legal Affairs.

Marvin E. Barkin and Anne Y. Swing, of Trenam, Simmons, Kemker, Scharf, Barkin, Frye & O'Neill, P.A., Tampa, and Mack N. Cleveland, Jr., of Cleveland & Bridges, Sanford, for appellee, Sanford-Orlando Kennel Club, Inc.

J. Kermit Coble, Noah C. McKinnon and John R. Godbee, Jr., of Coble, McKinnon, Rothert, Barkin, Clayton, Vukelja & Godbee, P.A., Daytona Beach, for appellee, Daytona Beach Kennel Club, Inc.


DAUKSCH, Chief Judge.

This is an appeal from a final judgment of the trial court adjudging Section 3 of Chapter 80-88, Laws of Florida (1980) (hereinafter referred to as section 550.075, Florida Statutes)1 constitutionally invalid. The plaintiffs below, appellees Sanford-Orlando and Daytona Beach Kennel Clubs, sought declaratory relief in their complaint against appellant Seminole Park, attacking...

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