GATOR COIN II v. DEPARTMENT OF BUSINESS

Nos. 1D17-2966, 1D17-3705.

254 So.3d 1113 (2018)

GATOR COIN II, INC., a Florida Corporation, Appellant, v. FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, an agency of the State of Florida, Appellee. Blue Sky Games, LLC, Appellant, v. Florida Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, an agency of the State of Florida, and Gator Coin II, Inc., a Florida Corporation, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied October 1, 2018.


Attorney(s) appearing for the Case

Wm. J. Sheppard , Elizabeth L. White , Bryan E. DeMaggio , Jesse B. Wilkison , and Camille E. Sheppard of Sheppard, White, Kachergus & DeMaggio, P.A., Jacksonville, for Appellant Gator Coin II, Inc.

Robert E. Turffs of Robert E. Turffs, P.A., Sarasota, for Appellant Blue Sky Games, LLC.

Christine Davis Graves , Martha Harrell Chumbler , and James Parker-Flynn of Carlton Fields, Tallahassee, for Amicus Curiae Cowboy Gaming, LLC d/b/a Pace-O-Matic, in support of Gator Coin, II, Inc., and Blue Sky Games, LLC.

Jason L. Maine , General Counsel; Daniel J. McGinn and Beth A. Miller , Florida Department of Business and Professional Regulation, Tallahassee, for Appellee.

Barry Richard , Greenberg Traurig, P.A., Tallahassee, for Amicus Curiae Seminole Tribe of Florida, in support of Appellee.


In these consolidated appeals, Appellants, Gator Coin II, Inc. (Gator Coin) and Blue Sky Games, LLC (Blue Sky Games), appeal the trial court's Order on Motion for Rehearing and Final Declaratory Judgment, challenging its determination that Blue Sky Games Version 67 (Version 67) is a "slot machine or device" as that term is defined in section...

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