DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARIMUTUEL WAGERING v. FLORIDA HORSEMEN'S BENEVOLENT AND PROTECTIVE ASSOCIATION, INC.

No. 1D19-2291.

283 So.3d 1288 (2019)

State of Florida, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARIMUTUEL WAGERING, Petitioner, v. The FLORIDA HORSEMEN'S BENEVOLENT AND PROTECTIVE ASSOCIATION, INC.; and Calder Race Course, Inc., Respondents.

District Court of Appeal of Florida, First District.

December 5, 2019.


Attorney(s) appearing for the Case

Ross Marshman , Chief Appellate Counsel, and James Lewis , Deputy Chief Attorney, Department of Business and Professional Regulation, Tallahassee, for Petitioner.

Bradford J. Beilly and John Strohsahl of Beilly & Strohsahl, P.A., Fort Lauderdale, for Respondent The Florida Horsemen's Benevolent and Protective Association.

Kristen M. Fiore of Akerman LLP, Tallahassee, Tamara S. Malvin of Akerman LLP, Fort Lauderdale; Wilbur E. Brewton and Kelly B. Plante of Brewton Plante, P.A., Tallahassee, for Respondent Calder Race Course.


Because Petitioner has not shown irreparable injury that cannot be adequately remedied on appeal, we dismiss the petition for review of non-final agency action for lack of jurisdiction. State v. Planned Parenthood of Sw. & Cent. Fla., Inc., 207 So.3d 1032, 1034 (Fla. 1st DCA 2017) ("In deciding...

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