Opinion
No. 1D11–6425.
2012-02-28
FLORIDA QUARTER HORSE RACING ASSOCIATION, INC., and Florida Quarter Horse Breeders and Owners Association, Inc., Appellant, v. STATE of Florida, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI–MUTUEL WAGERING and Gretna Racing, LLC, Appellee.
An appeal from an order of the Department of Business and Professional Regulation, Division of Pari–Mutuel Wagering. Leon M. Biegalski, Judge.Michael J. Barry, J. Stephen Menton, Harold F.X. Purnell, and Maggie M. Schultz of Rutledge, Ecenia & Purnell, P.A., Tallahassee, for Appellant. Marc W. Dunbar and Daniel R. Russell, of Pennington, Moore, Wilkinson, Bell & Dunbar, P.A., Tallahassee, for Appellee Gretna Racing, LLC; Garnett W. Chisenhall, Chief Appellate Counsel, and Charles T. “Chip” Collette, Assistant General Counsel, Tallahassee, for Appellee Division of Pari-Mutuel Wagering, Department of Business and Professional Regulation; and David S. Romanik, Oxford, co-counsel for Appellee Gretna Racing, LLC
An appeal from an order of the Department of Business and Professional Regulation, Division of Pari–Mutuel Wagering. Leon M. Biegalski, Judge.Michael J. Barry, J. Stephen Menton, Harold F.X. Purnell, and Maggie M. Schultz of Rutledge, Ecenia & Purnell, P.A., Tallahassee, for Appellant. Marc W. Dunbar and Daniel R. Russell, of Pennington, Moore, Wilkinson, Bell & Dunbar, P.A., Tallahassee, for Appellee Gretna Racing, LLC; Garnett W. Chisenhall, Chief Appellate Counsel, and Charles T. “Chip” Collette, Assistant General Counsel, Tallahassee, for Appellee Division of Pari-Mutuel Wagering, Department of Business and Professional Regulation; and David S. Romanik, Oxford, co-counsel for Appellee Gretna Racing, LLC
PER CURIAM.
DISMISSED. McGuire v. Florida Lottery, 17 So.3d 1276 (Fla. 1st DCA 2009) (noting that the provision in the order providing that it would become final if the complaint is not amended did not cure the jurisdictional defect and a separate final order must be entered); Hinote v. Ford Motor Co., 958 So.2d 1009 (Fla. 1st DCA 2007); see also Envtl. Confederation of SW Fla., Inc. v. IMC Phosphates, Inc., 857 So.2d 207, 208 (Fla. 1st DCA 2003) (noting that the dismissal of appellants' petition for administrative hearing was entered without prejudice and with leave to amend but “they declined to amend their petition and instead asked the Department to enter a final order of dismissal”).