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GULFSTREAM PARK RACING v. TAMPA BAY DOWNS

No. SC05-251.

948 So.2d 599 (2006)

GULFSTREAM PARK RACING ASSOCIATION, INC., etc., Appellant, v. TAMPA BAY DOWNS, INC., etc., et al., Appellees.

Supreme Court of Florida.

September 21, 2006.

Attorney(s) appearing for the Case

Keith E. Rounsaville of Akerman Senterfitt, Orlando, FL, for Appellant/Cross-Appellee Gulfstream Park Racing Association, Inc.

James M. Landis and Jon P. Tasso of Foley & Lardner LLP, Tampa, FL, for Appellees Jacksonville Greyhound Racing, Inc., Florida Jai-Alai, Inc., and Investment Corporation of Palm Beach.

Harold F.X. Purnell of Rutledge, Ecenia, Purnell & Hoffman, P.A., Tallahassee, FL, for Appellees Daytona Beach Kennel Club, Inc., Sports Palace, Inc., Hartman-Tyner, Inc., West Flagler Associates, Ltd., Southwest Florida Enterprises, Inc., St. Petersburg Kennel Club, Inc. and Associated Outdoor Clubs, Inc., Sanford-Orlando Kennel Club, Inc., Washington County Kennel Club, Inc., and Sarasota Kennel Club, Inc.

David T. Knight, Marie A. Borland and Lara J. Tibbals of Hill Ward & Henderson, P.A., Tampa, FL, for Appellee/Cross-Appellant Tampa Bay Downs, Inc.

LEWIS, C.J.

We have for review the following question of Florida law certified by the United States Court of Appeals for the Eleventh Circuit that is determinative of a cause pending in that court and for which there appears to be no controlling precedent from this Court:

DOES THE FLORIDA PARI-MUTUEL WAGERING ACT PROHIBIT AN AGREEMENT BETWEEN A FLORIDA THOROUGHBRED RACETRACK AND AN OUT-OF-STATE RACETRACK THAT GRANTS THE FLORIDA RACETRACK THE EXCLUSIVE RIGHT...

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