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PARI-MUTUEL WAGERING v. STANDARDBRED OWNERS

No. 4D07-4252.

983 So.2d 61 (2008)

FLORIDA DIVISION OF PARI-MUTUEL WAGERING OF the FLORIDA DEPARTMENT OF PROFESSIONAL REGULATION, David J. Roberts, Joe Dillmore and Milt Champion, Appellants, v. FLORIDA STANDARDBRED BREEDERS & OWNERS ASSOCIATION, INC., a Florida corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

May 14, 2008.

Attorney(s) appearing for the Case

Joseph M. Helton, Jr., Chief Attorney and Charles T. Collette, Assistant General Counsel, Tallahassee, for appellants.

Jeffrey C. Schneider and Maria N. Vernace of Tew Cardenas LLP, Miami, for appellee.

MAY, J.

The Florida Division of Pari-Mutuel Wagering [Division] appeals an order denying its motion to dismiss or transfer venue. It argues the trial court erred in relying on the sword-wielder doctrine to deny the Division its home rule privilege. We agree and reverse.

In July 2007 the Florida Standardbred Breeders and Owners Association, Inc. [Association] served its Amended Complaint against PPI, Inc., d/b/a Pompano Park Racing [Park], and the Division...

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