1. Home
  2. Browse Decisions
  3. So.2d
  4. 838 So.2d
  5. 838 So.2d 1241 (2003)
 

CALDER RACE COURSE, INC. v. DEPT. OF BUSINESS AND PROFESSIONAL REGULATION

No. 1D02-1244.

838 So.2d 1241 (2003)

CALDER RACE COURSE, INC., a Florida corporation, and Tropical Park, Inc., a Florida Corporation, Appellants, v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Division of Pari-Mutuel Wagering, an agency of the State of Florida; Investment Corporation of Palm Beach, a Florida corporation; and Daytona Beach Kennel Club, Inc., a Florida corporation, Appellees.

District Court of Appeal of Florida, First District.

March 10, 2003.

Attorney(s) appearing for the Case

Wilbur E. Brewton, Kelly B. Plante and Tana D. Storey of Brewton, Plante & Plante, P.A., Tallahassee, for Appellants.

Harold F.X. Purnell of Rutledge, Ecenia, Purnell & Hoffman, P.A., Tallahassee, for Appellee Daytona Beach Kennel Club.

Robert W. Pass and E. Kelly Bittick, Jr., of Carlton Fields, P.A., Tallahassee, for Appellee Investment Corporation of Palm Beach.

PER CURIAM.

Appellants seek review of a final order dismissing their complaint with prejudice, as barred by res judicata and collateral estoppel. Because we conclude that neither the affirmative defense of res judicata nor that of collateral estoppel is conclusively demonstrated within the four corners of the complaint, we hold that it was error to dismiss the complaint with prejudice as barred by either defense. See, e.g., Livingston

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases