FLORIDA HORSEMEN BENEVOLENT v. RUDDER

No. 98-2414.

738 So.2d 449 (1999)

FLORIDA HORSEMEN BENEVOLENT & PROTECTIVE ASSOCIATION, Appellants, v. Donald J. RUDDER, David W. Margulies and William Myers, Appellees.

District Court of Appeal of Florida, First District.

July 22, 1999.


Attorney(s) appearing for the Case

Joseph A. DeMaria of Tew Cardenas Rebak Kellogg Lehman DeMaria & Tague, L.L.P., Miami, for Appellants.

Cynthia S. Tunnicliff of Pennington, Moore, Wilkinson & Dunbar, P.A., Tallahassee, for Appellees.


ALLEN, J.

The appellant challenges a final summary judgment declaring section 550.2614, Florida Statutes, unconstitutional as an unlawful exercise of the state's police power. We affirm.

The appellant is an association representing a majority of thoroughbred race-horse owners and trainers in the state of Florida. The appellees are three Florida thoroughbred owners who do not belong to the association. The appellees filed a declaratory action against the Division...

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