Stein v. Biscayne Kennel Club, Inc., (1940)
Court: Supreme Court of Florida
Number:
Visitors: 8
Judges: BUFORD, J.
Attorneys: H.P. Baya and L.S. Gaulden, for Petitioners;
Robert C. Lane, Geo. L. Patterson and James C. Knight, for Respondents.
Filed: Dec. 16, 1940
Latest Update: Mar. 02, 2020
Summary: On petition for certiorari under Rule 34 to review an order restraining the enforcement of an order of the State Racing Commission of November 16, 1940, and requiring the State Racing Commission to give force and effect to its order of November 2, 1940, wherein Biscayne Kennel Club was awarded dates for conducting race meetings in the season of 1940-1941 for "90 days beginning Dec. 2nd through Dec. 21st, Dec. 25th through March 18th" it is only necessary for us now to determine the validity of t
Summary: On petition for certiorari under Rule 34 to review an order restraining the enforcement of an order of the State Racing Commission of November 16, 1940, and requiring the State Racing Commission to give force and effect to its order of November 2, 1940, wherein Biscayne Kennel Club was awarded dates for conducting race meetings in the season of 1940-1941 for "90 days beginning Dec. 2nd through Dec. 21st, Dec. 25th through March 18th" it is only necessary for us now to determine the validity of th..
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Construing Section 8 of Chapter 14832, Acts of 1931, in connection with Section 4 of the same Act, and also said Section 4 of the same Act as later amended by Section 4 of Chapter 17276 of the Acts of 1935, which is quoted in full in Mr. Justice BUFORD'S opinion, I think the "twelve months period" referred to in Section 8 of Chapter 14832, should be construed to begin with the first day of the "racing season" as fixed by said Section 4 which, for dog tracks, begins on December 1 in each year and ends on April 10 of the following year, but the number of racing days during such period must be limited in the license issued by the Commission to fifty days for horse racing and ninety days for dog racing "in any twelve months period," which, as I construe it, means within the twelve months period beginning with the permissive racing seasons as provided for in said Section 4.
Source: CourtListener
