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  5. THE FLORIDA HORSEMEN'S BENEVOLENT & PROTECTIVE ASSOCIATION, INC.

THE FLORIDA HORSEMEN'S BENEVOLENT & PROTECTIVE ASSOCIATION, INC.

Company Details

Entity Name: THE FLORIDA HORSEMEN'S BENEVOLENT & PROTECTIVE ASSOCIATION, INC.
Jurisdiction: FLORIDA
Filing Type: Domestic Non-Profit
Status: Active
Date Filed: 07 Sep 1988 (36 years ago)
Document Number: N28215
FEI/EIN Number 650135161
Address: 901 S. Federal Highway, Hallandale, FL, 33009, US
Mail Address: Post Office Box 3507, Hallandale, FL, 33008, US
ZIP code: 33009
County: Broward
Place of Formation: FLORIDA

Agent

Name Role Address
Oster Herbert Agent 901 S. Federal Highway, Hallandale, FL, 33309

Treasurer

Name Role Address
Cannell Tom Treasurer 901 S. Federal Highway, Hallandale, FL, 33009

Vice President

Name Role Address
Bishop Chester Vice President 901 S. Federal Highway, Hallandale, FL, 33009
Rousso David Vice President 901 S. Federal Highway, Hallandale, FL, 33009

Director

Name Role Address
Davey Kathy Director 901 S. Federal Highway, Hallandale, FL, 33009

President

Name Role Address
Orseno Joseph W President 901 S. Federal Highway, Hallandale, FL, 33009

Secretary

Name Role Address
Fawkes David W Secretary 901 S. Federal Highway, Hallandale, FL, 33009

Fictitious Names

Registration Number Fictitious Name Status Filed Date Expiration Date Cancellation Date Mailing Address
G22000043052 FLORIDA THOROUGHBRED HORSEMEN'S ASSOCIATION ACTIVE 2022-04-05 2027-12-31 No data P.O. BOX 3507, HALLANDALE BEACH, FL, 33008

Events

Event Type Filed Date Value Description
AMENDMENT 2020-11-19 No data No data
REINSTATEMENT 2006-10-13 No data No data
ADMIN DISSOLUTION FOR ANNUAL REPORT 2006-09-15 No data No data
AMENDED AND RESTATEDARTICLES 2005-12-28 No data No data
AMENDMENT 1994-04-18 No data No data
REINSTATEMENT 1994-04-18 No data No data
ADMIN DISSOLUTION FOR ANNUAL REPORT 1992-10-09 No data No data
AMENDMENT 1990-07-31 No data No data

Court Cases

Title Case Number Docket Date Status
THE FLORIDA HORSEMEN'S BENEVOLENT & PROTECTIVE ASSOCIATION, INC. VS FLORIDA THOROUGHBRED BREEDERS' ASSOCIATION, INC., et al. 4D2020-1709 2020-07-31 Closed
Classification NOA Final - Administrative - Other
Court 4th District Court of Appeal
Originating Court Administrative Agency
18-35843

Unknown Court
DOAH 19-1617

Parties
Name THE FLORIDA HORSEMEN'S BENEVOLENT & PROTECTIVE ASSOCIATION, INC.
Role Appellant
Status Active
Representations Bradford Jon Beilly, John Strohsahl
Name OCALA BREEDERS SALES COMPANY, INC.
Role Appellee
Status Active
Name Department of Business & Professional Regulation
Role Appellee
Status Active
Name CALDER RACE COURSE, INC.
Role Appellee
Status Active
Name Division of Pari-Mutuel Wagering
Role Appellee
Status Active
Name FLORIDA THOROUGHBRED BREEDERS' ASSOCIATION, INC.
Role Appellee
Status Active
Representations Tamara Savin Malvin, Wilbur E. Brewton, Joseph Y. Whealdon, III, Kelly B. Plante, Kristen Marie Fiore, Donna E. Blanton, Daniel Hernandez, Johnny Elhachem, Megan S. Silver
Name THE FLORIDA THOROUGHBRED BREEDERS' AND OWNERS' ASSOCIATION, INC.
Role Appellee
Status Active

Docket Entries
Docket Date 2021-04-26
Type Order
Subtype Order on Motion For Leave To File Amended Brief
Description Grant Motion Serve Amended Brief ~ ORDERED that appellant's April 23, 2021 motion to serve an amended reply brief/answer brief to appellee Calder Race Course Inc’s answer/cross-initial brief is granted, and said brief shall be filed within five (5) days from the date of this order.
Docket Date 2021-04-30
Type Brief
Subtype Amended Reply Brief
Description Amended Appellant's Reply Brief ~ AMENDED REPLY BRIEF/ANSWER BRIEF TO APPELLEE CALDER RACE COURSE, INC.'S ANSWER/CROSS-INITIAL BRIEF
On Behalf Of The Florida Horsemen's Benevolent & Protective Association, Inc.
Docket Date 2021-04-23
Type Brief
Subtype Reply Brief
Description Appellant's Reply Brief ~ TO APPELLEE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING'S ANSWER BRIEF
On Behalf Of The Florida Horsemen's Benevolent & Protective Association, Inc.
Docket Date 2021-04-23
Type Motions Relating to Briefs
Subtype Motion to Amend Brief
Description Motion For Leave To File Amended Brief
On Behalf Of The Florida Horsemen's Benevolent & Protective Association, Inc.
Docket Date 2020-09-02
Type Notice
Subtype Notice of Appearance
Description Notice of Appearance
On Behalf Of Florida Thoroughbred Breeders' Association, Inc.
Docket Date 2222-09-16
Type Misc. Events
Subtype Miscellaneous Docket Entry
Description Miscellaneous Entry/Document ~ **CASES 20-1108 AND 20-1709 ARE CONSOLIDATED AND SHALL PROCEED UNDER CASE 20-1108. SEE 09/14/2020 ORDER.**
Docket Date 2021-11-16
Type Misc. Events
Subtype Oral Argument Date Set
Description Oral Argument Date Set ~ 4DCA
Docket Date 2021-11-02
Type Disposition
Subtype Dismissed
Description Dismissed - Order by Judge
Docket Date 2021-11-02
Type Disposition by Order
Subtype Dismissed
Description ORD-Grant Voluntary Dismissal (Joint) ~ At the request of the parties, the consolidated appeal and cross-appeal are dismissed. Further,ORDERED that appellees/cross-appellants’ October 25, 2021 joint motion to dismiss is denied as moot. Further,ORDERED that appellant/cross-appellee’s April 19, 2021 motion for attorney’s fees is denied as moot.
Docket Date 2021-11-01
Type Motions Other
Subtype Motion/Notice Voluntary Dismissal
Description Notice of Voluntary Dismissal ~ STIPULATED DISMISSAL OF CONSOLIDATED APPEALS AND CROSS-APPEAL
On Behalf Of The Florida Horsemen's Benevolent & Protective Association, Inc.
Docket Date 2021-10-26
Type Order
Subtype Order to File Response
Description ORD-Appellant to File Response ~ ORDERED that appellant is directed to respond, within five (5) days from the date of this order, to appellees’ October 23, 2021 joint motion to dismiss appeal.
Docket Date 2021-10-25
Type Motions Other
Subtype Motion To Dismiss
Description Motion To Dismiss ~ **DENIED AS MOOT. SEE 11/02/2021 ORDER.**
On Behalf Of Department of Business & Professional Regulation
Docket Date 2021-10-25
Type Record
Subtype Appendix
Description Appendix ~ TO MOTION TO DISMISS
On Behalf Of Department of Business & Professional Regulation
Docket Date 2021-10-04
Type Notice
Subtype Notice
Description Notice ~ OF APPELLANT/CROSS-APPELLEE'S DESIGNATION OF ATTORNEY TO PRESENT AT ORAL ARGUMENT
On Behalf Of The Florida Horsemen's Benevolent & Protective Association, Inc.
Docket Date 2021-10-01
Type Notice
Subtype Notice
Description Notice
On Behalf Of Department of Business & Professional Regulation
Docket Date 2020-09-03
Type Notice
Subtype Notice of Appearance
Description Notice of Appearance
On Behalf Of Florida Thoroughbred Breeders' Association, Inc.
Docket Date 2021-09-30
Type Order
Subtype Order Re: Video Oral Argument
Description Order Re: Video Oral Argument ~ ORDERED that oral argument in this case is rescheduled for November 16, 2021, at 10:00 A.M. for 20 minutes per side through Zoom video conference.  In criminal cases where a victim, as defined in Article I, Section 16(e) of the Florida Constitution, has invoked their right to notice under Article I, Section 16(b)(6) of the Florida Constitution, the State shall provide the victim with notice of this oral argument and of any changes to the scheduled date or time.The parties are advised that the only attorneys permitted into the Zoom meeting will be those who will be arguing before the court.  Attorneys who will not be arguing before the court may watch the public live stream of the oral argument via the court’s website.  In addition, attorneys who will be arguing before the court shall attend a Zoom orientation/test session with court staff at 3:30pm on either October 4, 2021 or October 27, 2021 at Zoom meeting ID
Docket Date 2021-09-09
Type Order
Subtype Order on Motion/Request for Oral Argument
Description ORD-Setting Oral Argument ~ This case is set for Oral Argument on November 16, 2021, at 10:00 A.M. for 20 minutes per side, for a total of 40 minutes for both cases, in person at the Fourth District Court of Appeal Courthouse.  The appellant shall consult with opposing counsel and advise the court at least one week prior to oral argument of how they wish the time to be divided.If a side anticipates more than two attorneys sitting at counsel table during oral argument, it shall contact the Marshal’s Office by phone at least two business days before the oral argument session. The court calendars can be viewed on this court's website at www.4dca.org.  In criminal cases where a victim, as defined in Article I, Section 16(e) of the Florida Constitution, has invoked their right to notice under Article I, Section 16(b)(6) of the Florida Constitution, the State shall provide the victim with notice of this oral argument and of any changes to the scheduled date or time.Within seven (7) days from the date of this order, either side may file a motion for remote oral argument, which, if granted, would take place on Wednesday or Thursday of the same week as the currently scheduled in-person oral argument, with the date and time to be set by further order of this court.  Before filing the motion, the moving party shall confer with the opposing side to ascertain whether the opposing side agrees to a remote oral argument.  The motion shall state: (1) the reasons why remote oral argument is requested; and (2) whether the opposing side consents to a remote oral argument.  If the motion is opposed, then the opposing side shall file a response to the motion within three (3) days after the filing of the motion.  No extensions of time to file the motion or response will be permitted, absent extraordinary circumstances.  If the court grants the motion for remote oral argument, the argument will take place via Zoom video conference and all judges and attorneys will appear remotely.
Docket Date 2021-08-17
Type Brief
Subtype Amended Answer Brief
Description Amended Appellee's Answer Brief ~ CALDER RACE COURSE, INC.
On Behalf Of Department of Business & Professional Regulation
Docket Date 2021-08-13
Type Order
Subtype Order on Motion To Strike
Description Grant Motion to Strike ~ ORDERED that appellant's July 6, 2021 Motion to Strike is granted. Footnote twenty-nine (29) located on page sixty-nine (69) of appellee’s answer brief is stricken in that it contains references to matters not supported by the record. An amended brief with the footnote removed and pagination reflecting the change shall be filed within ten (10) days from the date of this order. The time for any responsive briefing shall be tolled until service of this amended brief.
Docket Date 2021-08-02
Type Response
Subtype Response
Description Response ~ CALDER RACE COURSE, INC.'S RESPONSE TO MOTION TO STRIKE
On Behalf Of Department of Business & Professional Regulation
Docket Date 2021-07-27
Type Order
Subtype Order to File Response
Description ORD-Appellee to File Response ~ ORDERED that appellee/cross-appellant Calder Race Course, Inc. is directed to respond, within five (5) days from the date of this order, to appellant/cross-appellee The Florida Horsemen’s Benevolent and Protective Association, Inc’s July 6, 2021 motion to strike.
Docket Date 2021-07-27
Type Brief
Subtype Amended Reply Brief
Description Amended Appellant's Reply Brief ~ SECOND AMENDED REPLY BRIEF/ANSWER BRIEF TO APPELLEE CALDER RACECOURSE, INC.'S ANSWER/CROSS-INITIAL BRIEF
On Behalf Of The Florida Horsemen's Benevolent & Protective Association, Inc.
Docket Date 2021-07-22
Type Order
Subtype Order on Motion For Leave To File Amended Brief
Description Grant Motion Serve Amended Brief ~ ORDERED that appellant's July 21, 2021 motion to serve a second amended reply/cross-answer brief is granted, and appellant shall file the second amended reply/cross-answer brief to appellee Calder Race Course Inc.’s answer/cross-initial brief within five (5) days from the date of this order.
Docket Date 2021-07-21
Type Motions Relating to Briefs
Subtype Motion to Amend Brief
Description Motion For Leave To File Amended Brief ~ FLORIDA HORSEMEN'S UNOPPOSED MOTION FOR LEAVE TO FILE SECOND AMENDED REPLY BRIEF / ANSWER BRIEF
On Behalf Of The Florida Horsemen's Benevolent & Protective Association, Inc.
Docket Date 2021-07-20
Type Record
Subtype Appendix
Description Appendix to Brief ~ SECOND AMENDED APPENDIX TO APPELLANT THE FLORIDA HORSEMEN'S BENEVOLENT & PROTECTIVE ASSOCIATION, INC.'S REPLY BRIEF/ANSWER BRIEF TO APPELLEE CALDERRACE COURSE, INC.'S ANSWER/CROSS-INITIAL BRIEF
On Behalf Of The Florida Horsemen's Benevolent & Protective Association, Inc.
Docket Date 2021-07-16
Type Disposition by Order
Subtype Granted in Part/Denied in Part
Description ORD-Grant in Part/Deny in Part ~ Upon consideration of appellant’s July 6, 2021 response to appellee’s June 11, 2021 motion to strike, it is ORDERED that the appellee’s June 11, 2021 motion to strike is granted in part and denied in part, and the following documents of the amended appendix to appellant's amended reply/cross answer brief are stricken: Termination of Revenue Sharing Agreement letter, dated March 3, 2020; Calder Slot Machine Gaming License, dated July 9, 2020; Division’s Response to Public Records Request with Calder’s Permit Holder Calendar, dated February 3, 2021; and Division’s 89th Annual Report to the Governor for State fiscal year 2019/2020. Fla. R. App. P. 9.220. An amended appendix in compliance with Rule 9.220 shall be filed within two (2) days from the date of this order.
Docket Date 2021-07-06
Type Motions Other
Subtype Motion To Strike
Description Motion To Strike ~ FLORIDA HORSEMEN'S BENEVOLENT AND PROTECTIVE ASSOCOATION, INC.'S MOTION TO STRIKE FOOTNOTE 29 OF CALDER RACE COURSE, INC.'S ANSWER BRIEF
On Behalf Of The Florida Horsemen's Benevolent & Protective Association, Inc.
Docket Date 2021-07-06
Type Response
Subtype Response
Description Response ~ FLORIDA HORSEMEN'S RESPONSE TO MOTION TO STRIKE
On Behalf Of The Florida Horsemen's Benevolent & Protective Association, Inc.
Docket Date 2021-06-29
Type Order
Subtype Order on Motion for Extension of Time to File Response
Description Grant EOT to file Response ~ ORDERED that appellant's June 28, 2021 motion for extension of time is granted, and the time for filing a response to appellee’s June 11, 2021 motion to strike is extended to and including July 6, 2021.
Docket Date 2021-06-28
Type Motions Extensions
Subtype Motion for Extension of Time to File Response
Description Motion for Extension of Time to File Response
On Behalf Of The Florida Horsemen's Benevolent & Protective Association, Inc.
Docket Date 2021-06-11
Type Motions Other
Subtype Motion To Strike
Description Motion To Strike ~ CALDER RACE COURSE, INC.'S MOTION TO STRIKE AMENDED APPENDIX TOAPPELLANT/CROSS APPELLEE THE FLORIDA HORSEMEN'S BENEVOLENT & PROTECTIVE ASSOCIATION, INC.'S AMENDED REPLY BRIEF/CROSS ANSWER BRIEF
On Behalf Of Department of Business & Professional Regulation
Docket Date 2021-06-11
Type Brief
Subtype Cross-Reply Brief
Description Appellee/Cross-Appellant's Reply Brief ~ CALDER RACE COURSE, INC.
On Behalf Of Department of Business & Professional Regulation
Docket Date 2021-05-04
Type Response
Subtype Response
Description Response ~ TO REQUEST FOR ORAL ARGUMENT
On Behalf Of Department of Business & Professional Regulation
Docket Date 2021-05-04
Type Record
Subtype Appendix to Response
Description Appendix to Response ~ TO REQUEST FOR ORAL ARGUMENT
On Behalf Of Department of Business & Professional Regulation
Docket Date 2021-04-20
Type Order
Subtype Order Striking Filing
Description Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that appellant's appendix to the reply brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it was not properly indexed and consecutively paginated, beginning with the cover sheet as page 1, was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index, and contains bookmarks which are not in compliance with Rule 9.220(c)(3). An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
Docket Date 2021-04-20
Type Record
Subtype Appendix
Description Appendix to Brief ~ **STRICKEN, SEE 07/16/2021 ORDER**
On Behalf Of The Florida Horsemen's Benevolent & Protective Association, Inc.
Docket Date 2021-04-19
Type Notice
Subtype Notice of Agreed Extension of Time - Reply Brief
Description Notice of Agreed Extension - Reply Brief ~ TO APPELLEE DIVISION'S ANSWER BRIEF
On Behalf Of The Florida Horsemen's Benevolent & Protective Association, Inc.
Docket Date 2021-04-19
Type Brief
Subtype Reply Brief
Description Appellant's Reply Brief ~ /CROSS-ANSWER BRIEF TO APPELLEE CALDER RACE COURSE, INC.'S ANSWER/CROSS-INITIAL BRIEF
On Behalf Of The Florida Horsemen's Benevolent & Protective Association, Inc.
Docket Date 2021-04-19
Type Motions Relating to Attorney Fees/Costs
Subtype Motion For Attorney's Fees
Description Motion For Attorney's Fees ~ **DENIED AS MOOT. SEE 11/02/2021 ORDER.** (Response filed 05/04/21)
On Behalf Of The Florida Horsemen's Benevolent & Protective Association, Inc.
Docket Date 2021-04-19
Type Motions Relating to Oral Argument
Subtype Motion/Request for Oral Argument
Description Request for Oral Argument ~ **Response filed 5-4-21**
On Behalf Of The Florida Horsemen's Benevolent & Protective Association, Inc.
Docket Date 2021-04-19
Type Record
Subtype Appendix
Description Appendix to Brief ~ **STRICKEN**
On Behalf Of The Florida Horsemen's Benevolent & Protective Association, Inc.
Docket Date 2021-04-12
Type Notice
Subtype Notice of Agreed Extension of Time - Reply Brief
Description Notice of Agreed Extension - Reply Brief ~ TO APPELLEE DIVISION'S ANSWER BRIEF & REPLY/ANSWER BRIEF TO CALDER
On Behalf Of The Florida Horsemen's Benevolent & Protective Association, Inc.
Docket Date 2021-03-11
Type Notice
Subtype Notice of Agreed Extension of Time - Reply Brief
Description Notice of Agreed Extension - Reply Brief ~ TO APPELLEE DIVISION'S ANSWER BRIEF & REPLY/ANSWER BRIEF TO CALDER
On Behalf Of The Florida Horsemen's Benevolent & Protective Association, Inc.
Docket Date 2021-01-25
Type Brief
Subtype Answer Brief
Description Appellee's Answer Brief ~ CALDER RACE COURSE, INC.
On Behalf Of Department of Business & Professional Regulation
Docket Date 2021-01-19
Type Order
Subtype Order on Miscellaneous Motion
Description Grant Miscellaneous Motion ~ ORDERED that the parties January 8, 2021 “joint motion for confirmation/clarification of permissible word counts for enlarged briefs” is granted, and the word count set forth in the motion is confirmed.
Docket Date 2021-01-08
Type Motions Other
Subtype Miscellaneous Motion
Description Miscellaneous Motion
On Behalf Of The Florida Horsemen's Benevolent & Protective Association, Inc.
Docket Date 2020-12-21
Type Notice
Subtype Notice of Agreed Extension of Time - Answer Brief
Description Notice of Agreed Extension - Answer Brief ~ Calder Race Course, Inc.
On Behalf Of Department of Business & Professional Regulation
Docket Date 2020-11-18
Type Record
Subtype Record on Appeal Confidential
Description Confidential Records ~ (FILED IN CASE 20-1709) 2684 PAGES (PAGES 1-2672)
On Behalf Of Department of Business & Professional Regulation
Docket Date 2020-11-12
Type Record
Subtype Index
Description Index ~ CORRECTED INDEX TO RECORD
On Behalf Of Department of Business & Professional Regulation
Docket Date 2020-11-12
Type Brief
Subtype Initial Brief
Description Initial Brief on Merits
On Behalf Of The Florida Horsemen's Benevolent & Protective Association, Inc.
Docket Date 2020-11-02
Type Order
Subtype Order on Miscellaneous Motion
Description Deny Miscellaneous Motion ~ Upon consideration of appellees' October 23, 2020 joint response in opposition, it is ORDERED that appellant's October 20, 2020 "motion to determine tolling of time to file initial brief and alternative motion for extension of time to file the initial brief" is denied. Appellant shall file the initial brief within ten (10) days from the date of this order. Failure to comply with this order will result in dismissal of this appeal for lack of prosecution without further notice.
Docket Date 2020-10-23
Type Response
Subtype Response
Description Response ~ JOINT RESPONSE IN OPPOSITION TO MOTION TO DETERMINE TOLLING OF TIME TO FILE INITIAL BRIEF AND ALTERNATIVE MOTION FOR EXTENSION OF TIME
On Behalf Of Department of Business & Professional Regulation
Docket Date 2020-10-20
Type Motions Other
Subtype Miscellaneous Motion
Description Miscellaneous Motion ~ MOTION TO DETERMINE TOLLING OF TIME TO FILE INITIAL BRIEF AND ALTERNATIVE MOTION FOR EXTENSION OF TIME
On Behalf Of The Florida Horsemen's Benevolent & Protective Association, Inc.
Docket Date 2020-10-16
Type Order
Subtype Order on Motion/Request for Judicial Notice
Description Order Granting Motion/Request for Judicial Notice ~ Upon consideration of appellees' September 18, 2020 and September 21, 2020 responses, it is ORDERED that appellant’s September 11, 2020 "motion to take judicial notice of pending appellate proceedings and for ‘travel together’ consolidation" is granted. The request for judicial notice is granted, and this court takes judicial notice of consolidated case numbers 4D20-0945 and 4D20-1387. Appellant shall file the consolidated initial brief as to case numbers 4D20-1108 and 4D20-1709 within ten (10) days from the date of this order.
Docket Date 2020-09-23
Type Record
Subtype Index
Description Index ~ (FILED IN CASE 20-1709) TO RECORD
On Behalf Of Department of Business & Professional Regulation
Docket Date 2020-09-21
Type Notice
Subtype Notice of Appearance
Description Notice of Appearance
On Behalf Of Florida Thoroughbred Breeders' Association, Inc.
Docket Date 2020-09-21
Type Response
Subtype Response
Description Response ~ OF DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION IN OPPOSITION TO MOTION TO TAKE JUDICIAL NOTICE OF PENDING APPELLATE PROCEEDINGS AND FOR "TRAVEL TOGETHER" CONSOLIDATION
On Behalf Of Department of Business & Professional Regulation
Docket Date 2020-09-18
Type Response
Subtype Response
Description Response ~ BY CALDER RACE COURSE IN OPPOSITION TO MOTION TO TAKE JUDICIAL NOTICE OF PENDING APPELLATE PROCEEDINGS AND FOR "TRAVEL TOGETHER" CONSOLIDATION
On Behalf Of Department of Business & Professional Regulation
Docket Date 2020-09-14
Type Order
Subtype Order on Motion to Consolidate
Description ORD-Granting Consolidation ~ ORDERED that the September 4, 2020 joint motion to consolidate, set briefing schedule, and for permission to file enlarged briefs is granted, and the above–styled case numbers are now consolidated and are to proceed under the briefing schedule set forth in the motion and according to the requirements of Florida Rule of Appellate Procedure 9.190 and shall proceed under case number 4D20-1108. Further,ORDERED that the request for permission to file enlarged briefs is granted as set forth in the motion.
Docket Date 2020-09-11
Type Motions Other
Subtype Motion/Request for Judicial Notice
Description Motion/Request for Judicial Notice ~ MOTION TO TAKE JUDICIAL NOTICE OF PENDING APPELLATEPROCEEDINGS AND FOR "TRAVEL TOGETHER" CONSOLIDATION
On Behalf Of The Florida Horsemen's Benevolent & Protective Association, Inc.
Docket Date 2020-09-03
Type Motions Other
Subtype Motion To Consolidate
Description Motion To Consolidate ~ JOINT MOTION TO CONSOLIDATE APPEALS AND SET BRIEFING SCHEDULE; AND FOR PERMISSION TO FILE ENLARGED BRIEFS
On Behalf Of Florida Thoroughbred Breeders' Association, Inc.
Docket Date 2020-08-19
Type Notice
Subtype Notice of Cross Appeal
Description Notice of Cross Appeal ~ CERTIFIED COPY OF NOTICE OF CROSS APPEAL FILED BY AGENCY CLERK
On Behalf Of Department of Business & Professional Regulation
Docket Date 2020-08-19
Type Misc. Events
Subtype Cross-Notice Filing Fee Paid through Portal
Description CROSS NOTICE FILING FEE PAID THROUGH PORTAL ~ (FEE RECEIVED 08/13/2020)
On Behalf Of Florida Thoroughbred Breeders' Association, Inc.
Docket Date 2020-08-04
Type Letter
Subtype Acknowledgment Letter
Description Acknowledgment Letter
Docket Date 2020-07-31
Type Misc. Events
Subtype Case Filing Fee Paid through Portal
Description Case Filing Fee Paid Through Portal
Docket Date 2020-07-31
Type Notice
Subtype Notice of Appeal
Description Notice of Appeal Filed ~ **Filing Fee Paid Through Portal**
On Behalf Of The Florida Horsemen's Benevolent & Protective Association, Inc.
THE FLORIDA HORSEMEN'S BENEVOLENT & PROTECTIVE ASSOC. INC. VS CALDER RACE COURSE, INC. and DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTEL WAGERING 4D2020-0505 2020-02-21 Closed
Classification NOA Final - Administrative - Other
Court 4th District Court of Appeal
Originating Court Circuit Court for the Seventeenth Judicial Circuit, Broward County
18-4997

Circuit Court for the Seventeenth Judicial Circuit, Broward County
2018-040787

Parties
Name THE FLORIDA HORSEMEN'S BENEVOLENT & PROTECTIVE ASSOCIATION, INC.
Role Appellant
Status Active
Representations John Strohsahl, Bradford Jon Beilly
Name Department of Business & Professional Regulation
Role Appellee
Status Active
Name CALDER RACE COURSE, INC.
Role Appellee
Status Active
Representations Tamara Savin Malvin, Wilbur E. Brewton, Megan S. Silver, Kristen Marie Fiore, Joseph Y. Whealdon, III, Kelly B. Plante

Docket Entries
Docket Date 2021-08-06
Type Mandate
Subtype Mandate
Description Mandate
Docket Date 2021-07-20
Type Misc. Events
Subtype West Publishing
Description West Publishing
Docket Date 2021-07-20
Type Order
Subtype Order on Motion for Rehearing En Banc
Description Order Denying Rehearing En Banc ~ ORDERED that appellant's June 11, 2021 motion for rehearing en banc and written opinion is denied.
Docket Date 2021-06-28
Type Response
Subtype Response
Description Response ~ CALDER RACE COURSE, INC.'S RESPONSE IN OPPOSITION TO APPELLANT'S MOTIONS FOR ISSUANCE OF WRITTEN OPINION AND REHEARING EN BANC
On Behalf Of Calder Race Course, Inc.
Docket Date 2021-06-25
Type Response
Subtype Response
Description Response ~ FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION RESPONSE IN OPPOSITION TO APPELLANT'S MOTION FOR ISSUANCE OF WRITTEN OPINION AND REHEARING EN BANC
On Behalf Of Calder Race Course, Inc.
Docket Date 2021-06-11
Type Post-Disposition Motions
Subtype Motion for Rehearing
Description Motion for Rehearing / Rehearing En Banc
On Behalf Of The Florida Horsemen's Benevolent & Protective Association, Inc.
Docket Date 2021-05-27
Type Order
Subtype Order on Motion For Attorney's Fees
Description Deny Attorney's Fees ~ ORDERED that appellant’s January 19, 2021 “motion for an award of attorney's fees and costs” is denied.
Docket Date 2021-05-27
Type Disposition by Opinion
Subtype Affirmed
Description Affirmed - Per Curiam Affirmed
Docket Date 2021-03-15
Type Order
Subtype Order Dispensing with Oral Argument
Description ORD-Dispensing Oral Argument ~ After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court.
Docket Date 2021-03-10
Type Motions Relating to Oral Argument
Subtype Motion/Request for Oral Argument
Description Request for Oral Argument
On Behalf Of The Florida Horsemen's Benevolent & Protective Association, Inc.
Docket Date 2021-03-02
Type Brief
Subtype Reply Brief
Description Appellant's Reply Brief ~ IN RESPONSE TO ANSWER BRIEF OF APPELLEE CALDER RACE COURSE, INC
On Behalf Of The Florida Horsemen's Benevolent & Protective Association, Inc.
Docket Date 2021-02-15
Type Order
Subtype Order on Motion To File Enlarged Brief
Description Order Authorizing Longer Brief ~ ORDERED that appellant's February 12, 2021 motion to file enlarged brief is granted. Further, ORDERED that appellant's February 12, 2021 motion for extension of time is granted, and appellant shall serve the reply brief within fifteen (15) days from the date of this order. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
Docket Date 2021-02-12
Type Motions Relating to Briefs
Subtype Motion To File Enlarged Brief
Description Motion To File Enlarged Brief
On Behalf Of The Florida Horsemen's Benevolent & Protective Association, Inc.
Docket Date 2021-02-12
Type Motions Extensions
Subtype Motion for Extension of Time to Serve Reply Brief
Description Mot. for Extension of Time to File Reply Brief ~ TO THE ANSWER BRIEF FILED BY APPELLEE CALDER RACE COURSE INC
On Behalf Of The Florida Horsemen's Benevolent & Protective Association, Inc.
Docket Date 2021-02-08
Type Order
Subtype Order on Motion To Strike
Description Deny Motion to Strike ~ Upon consideration of appellee, Calder Race Course, Inc.'s January 29, 2021 response, it is ORDERED that appellant's December 31, 2020 motion to strike is denied.
Docket Date 2021-02-03
Type Response
Subtype Response
Description Response ~ IN OPPOSITION TO APPELLANT'S MOTION FOR AN ORDER AWARDING APPELLATE ATTORNEY'S FEES
On Behalf Of Calder Race Course, Inc.
Docket Date 2021-01-29
Type Response
Subtype Response
Description Response ~ IN OPPOSITION TO APPELLANT'S MOTION TO STRIKE
On Behalf Of Calder Race Course, Inc.
Docket Date 2021-01-26
Type Response
Subtype Response
Description Response ~ IN OPPOSITION TO APPELLANT'S MOTION FOR AN ORDER AWARDING ATTORNEY'S FEES AND COSTS PURSUANT TO §120.595(5)
On Behalf Of Calder Race Course, Inc.
Docket Date 2021-01-19
Type Brief
Subtype Reply Brief
Description Appellant's Reply Brief ~ TO ANSWER BRIEF OF APPELLEE DEPT OF BUSINESS AND PROFESSIONAL REGULATION
On Behalf Of The Florida Horsemen's Benevolent & Protective Association, Inc.
Docket Date 2021-01-19
Type Motions Relating to Attorney Fees/Costs
Subtype Motion For Attorney's Fees
Description Motion For Attorney's Fees ~ **RESPONSES FILED 01/26/2021 AND 02/03/2021** AND COSTS
On Behalf Of The Florida Horsemen's Benevolent & Protective Association, Inc.
Docket Date 2021-01-13
Type Order
Subtype Order on Motion for Extension of Time to File Response
Description Grant EOT to file Response ~ ORDERED that appellee Calder Race Course, Inc.'s January 8, 2021 motion for extension of time is granted, and the time for filing a response is extended to and including January 29, 2021.
Docket Date 2021-01-08
Type Motions Extensions
Subtype Motion for Extension of Time to File Response
Description Motion for Extension of Time to File Response
On Behalf Of Calder Race Course, Inc.
Docket Date 2021-01-04
Type Order
Subtype Order on Agreed Extension of Time
Description Recognizing Agreed Extension of Time ~ 15 DAYS TO 01/19/2021
Docket Date 2021-01-04
Type Notice
Subtype Notice of Agreed Extension of Time - Reply Brief
Description Notice of Agreed Extension - Reply Brief
On Behalf Of The Florida Horsemen's Benevolent & Protective Association, Inc.
Docket Date 2020-12-31
Type Motions Other
Subtype Motion To Strike
Description Motion To Strike ~ PORTIONS OF APPELLEE CALDER RACE COURSE, INC.'S ANSWER BRIEF
On Behalf Of The Florida Horsemen's Benevolent & Protective Association, Inc.
Docket Date 2020-12-31
Type Record
Subtype Appendix
Description Appendix ~ TO MOTION TO STRIKE
On Behalf Of The Florida Horsemen's Benevolent & Protective Association, Inc.
Docket Date 2020-12-02
Type Brief
Subtype Answer Brief
Description Appellee's Answer Brief ~ (CALDER RACE COURSE, INC)
On Behalf Of Calder Race Course, Inc.
Docket Date 2020-08-31
Type Notice
Subtype Notice of Agreed Extension of Time - Answer Brief
Description Notice of Agreed Extension - Answer Brief
On Behalf Of Calder Race Course, Inc.
Docket Date 2020-08-31
Type Order
Subtype Order on Agreed Extension of Time
Description Recognizing Agreed Extension of Time ~ 90 DAYS TO 12/02/2020
Docket Date 2020-08-04
Type Record
Subtype Appendix
Description Appendix to Brief
On Behalf Of The Florida Horsemen's Benevolent & Protective Association, Inc.
Docket Date 2020-08-04
Type Brief
Subtype Initial Brief
Description Initial Brief on Merits
On Behalf Of The Florida Horsemen's Benevolent & Protective Association, Inc.
Docket Date 2020-07-30
Type Order
Subtype Order on Motion for Extension of Time to Serve Initial Brief
Description ORD-Initial Brief to be Served ~ ORDERED that appellant's July 29, 2020 motion for extension of time is granted, and appellant shall serve the initial brief within five (5) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case will be subject to dismissal or the court in its discretion may impose other sanctions. Appellant is advised that no further extensions will be granted absent a detailed explanation for why the initial brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
Docket Date 2020-07-29
Type Motions Extensions
Subtype Motion for Extension of Time to Serve Initial Brief
Description Mot. for Extension of time to file Initial Brief
On Behalf Of The Florida Horsemen's Benevolent & Protective Association, Inc.
Docket Date 2020-07-24
Type Notice
Subtype Notice of Appearance
Description Notice of Appearance
On Behalf Of Calder Race Course, Inc.
Docket Date 2020-07-22
Type Record
Subtype Supplemental Record
Description Supplemental Records ~ 192 PAGES
On Behalf Of Department of Business & Professional Regulation
Docket Date 2020-07-21
Type Order
Subtype Order on Motion to Supplement Record & EOT/Toll Briefing
Description ORD-Grant Supplemental ROA & EOT for Brief ~ ORDERED that appellant's July 20, 2020 motion to supplement the record and for extension of time is granted. The material requested in the motion shall be included in the record on appeal. The clerk of the lower tribunal shall prepare and file the supplemental material in this court within twenty (20) days from the date of this order. Appellant shall monitor the supplementation process. Further,ORDERED that appellant shall serve the initial brief within five (5) days from receipt of the supplemental record.
Docket Date 2020-07-20
Type Motions Relating to Records
Subtype Motion to Supplement Record
Description Motion To File Supplemental Record
On Behalf Of The Florida Horsemen's Benevolent & Protective Association, Inc.
Docket Date 2020-06-15
Type Order
Subtype Order on Agreed Extension of Time
Description Recognizing Agreed Extension of Time ~ 30 DAYS TO 07/21/2020
Docket Date 2020-06-15
Type Notice
Subtype Notice of Agreed Extension of Time - Initial Brief
Description Notice of Agreed Extension - Initial Brief
On Behalf Of The Florida Horsemen's Benevolent & Protective Association, Inc.
Docket Date 2020-06-09
Type Record
Subtype Record on Appeal
Description Received Records ~ 943 PAGES
On Behalf Of Department of Business & Professional Regulation
Docket Date 2020-02-24
Type Letter
Subtype Acknowledgment Letter
Description Acknowledgment Letter
Docket Date 2020-04-28
Type Notice
Subtype Notice of Related Case or Issue
Description Notice of Similar Case Pending
On Behalf Of Calder Race Course, Inc.
Docket Date 2020-04-28
Type Order
Subtype Order on Agreed Extension of Time
Description Recognizing Agreed Extension of Time ~ 60 DAYS TO 06/21/2020
Docket Date 2020-04-08
Type Record
Subtype Index
Description Index ~ TO RECORD
On Behalf Of Department of Business & Professional Regulation
Docket Date 2020-02-28
Type Notice
Subtype Notice of Appearance
Description Notice of Appearance ~ AMENDED
On Behalf Of Calder Race Course, Inc.
Docket Date 2020-02-28
Type Order
Subtype Order Striking Filing
Description Stricken - No or Noncompliant Cert. of Service ~ ORDERED that Wilbur E. Brewton and Kelly B. Plante’s February 27, 2020 notice of appearance is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that there is no certificate of service.
Docket Date 2020-02-27
Type Notice
Subtype Notice of Appearance
Description Notice of Appearance ~ **STRICKEN**
On Behalf Of Calder Race Course, Inc.
Docket Date 2020-02-21
Type Notice
Subtype Notice of Appeal
Description Notice of Appeal Filed
On Behalf Of The Florida Horsemen's Benevolent & Protective Association, Inc.
Docket Date 2020-02-21
Type Misc. Events
Subtype Fee Status
Description FP:Fee Paid Through Portal

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Date of last update: 02 Jan 2025

Sources: Florida Department of State

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