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WEST FLAGER ASSOC., LTD. v. STATE

No. 3D16-2255.

220 So.3d 1239 (2017)

WEST FLAGLER ASSOCIATES, LTD., Appellant/Cross-Appellee, v. The STATE of Florida, Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering, Appellee, and Hartman and Tyner, Inc., and H & T Gaming, Inc., Appellees/Cross-Appellants.

District Court of Appeal of Florida, Third District.

Opinion filed May 31, 2017.

Attorney(s) appearing for the Case

Akerman LLP and Katherine E. Giddings and Kristen M. Fiore (Tallahassee), and Gerald B. Cope, Jr. , and Tamara S. Malvin (Fort Lauderdale), for Appellant/Cross-Appellee.

Jason Maine , General Counsel, and Chevonne Christian , Assistant General Counsel, and Dwight O. Slater , Chief Appellate Counsel (Tallahassee), for appellee Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering.

Rutledge Ecenia and J. Stephen Menton and Gary R. Rutledge and Tana D. Storey and Gabe F.V. Warren (Tallahassee), for appellees/cross-appellants Hartman and Tyner, Inc. and H & T Gaming, Inc.

Before ROTHENBERG, SALTER and FERNANDEZ, JJ.

West Flagler Associates, Ltd. ("West Flagler"), appeals an order of the Department of Business and Professional Regulation's Division of Pari-Mutuel Wagering ("DPMW") concluding that DPMW was "unable to answer" West Flagler's amended petition for a declaratory statement.1 Two entities which sought leave to...

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