FLORIDA HORSEMEN BENEVOLENT PROTECTIVE ASSOCIATION INC v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION (2019)

District Court of Appeal of Florida, First District.

The FLORIDA HORSEMEN’S BENEVOLENT & PROTECTIVE ASSOCIATION, INC., Petitioner, v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Division of Pari-Mutuel Wagering, and Calder Race Course, Inc., Respondents.

No. 1D19-3320

Decided: December 05, 2019

Bradford J. Beilly and John Strohsahl of Beilly & Strohsahl, P.A., Fort Lauderdale, for Petitioner. No appearance for Respondent Department of Business and Professional Regulation. Kristen M. Fiore of Akerman LLP, Tallahassee, and Tamara S. Malvin of Akerman LLP, Fort Lauderdale, for Respondent Calder Race Course, Inc.

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)).

Dismissed.

Per Curiam.

Roberts, Makar, and Bilbrey, JJ., concur.

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