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State of Florida, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING, Petitioner, v. The FLORIDA HORSEMEN'S BENEVOLENT AND PROTECTIVE ASSOCIATION, INC.; and Calder Race Course, Inc., Respondents.
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 whether to grant review of a non-final agency action, showing irreparable injury is a jurisdictional hurdle that we address ‘before determining whether the [ruling] departed from the essential requirements of law.’ ”) (quoting AVCO Corp. v. Neff, 30 So. 3d 597, 601 (Fla. 1st DCA 2010)). Additionally, we realign Calder Race Course, Inc. as a Petitioner in this case and treat its notice of joinder as a petition for review of non-final agency action. For the reasons explained above, we also dismiss Calder Race Course, Inc.'s petition.
Dismissed.
Per Curiam.
Roberts, Makar, and Bilbrey, JJ., concur.
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Docket No: No. 1D19-2291
Decided: December 05, 2019
Court: District Court of Appeal of Florida, First District.
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Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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