Calder Race Course, Inc. v. Department of Business & Professional Regulation

Florida District Courts of Appeal March 10, 2003

Calder Race Course, Inc. v. Department of Business & Professional Regulation, 838 So. 2d 1241 (2003)

2003 Fla. App. LEXIS 3063; 2003 WL 882779

Booth, Lewis, Webster

Opinion of the Court

PER CURIAM.

Appellants seek review of a final order dismissing their complaint with prejudice, as barred by res judicata and collateral estoppel. Because we conclude that neither the affirmative defense of res judicata nor that of collateral estoppel is conclusively demonstrated within the four corners of the complaint, we hold that it was error to dismiss the complaint with prejudice as barred by either defense. See, e.g., Liv*1242ingston v. Spires, 481 So.2d 87 (Fla. 1st DCA 1986). Accordingly, we reverse, and remand for further proceedings.

REVERSED and REMANDED, with directions.

BOOTH, WEBSTER and LEWIS, JJ., concur.

Reference

Full Case Name: CALDER RACE COURSE, INC., a Florida corporation, and Tropical Park, Inc., a Florida Corporation v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Division of Pari-Mutuel Wagering, an agency of the State of Florida Investment Corporation of Palm Beach, a Florida corporation and Daytona Beach Kennel Club, Inc., a Florida corporation
Cited By: 1 case
Status: Published