ROBERT A. BUTTERWORTH, ATTORNEY GENERAL OF THE STATE OF FLORIDA, APPELLANT,
v.
NATIONAL LEAGUE OF PROFESSIONAL BASEBALL CLUBS AND WILLIAM D. WHITE, APPELLEES

Fla. 5th DCA | 1993-08-13
No. 93-69
HARRIS, C.J., and PETERSON, JJ., concur.
622 So. 2d 177 Florida District Court of Appeal, Fifth District (1993) Negative Treatment
Cited by 4 cases
Topics
Federal Antitrust Laws

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Opinion of the Court
GOSHORN, Judge.

GOSHORN, Judge.

The appellant, Robert A. Butterworth, as Attorney General of the State of Florida, appeals from a final order of the circuit court granting the appellees’ petition to set aside the appellant’s civil investigative demands and denying the appellant’s cross-motion to compel the appellees to comply with those demands.

We affirm, but pursuant to Florida Rule of Appellate Procedure 9.030(a)(2)(A)(v), we certify the following question to the Florida Supreme Court as a question of great public importance:

DOES THE ANTITRUST EXEMPTION FOR BASEBALL RECOGNIZED BY THE UNITED STATES SUPREME COURT IN FEDERAL BASE BALL CLUB OF BALTIMORE, INC. v. NATIONAL LEAGUE OF PROFESSIONAL BASE BALL CLUBS, 259 U.S. 200, 42 S.CT. 465, 66 L.Ed. 898 (1922) AND ITS PROGENY EXEMPT ALL DECISIONS INVOLVING THE SALE AND LOCATION OF BASEBALL FRANCHISES FROM FEDERAL AND FLORIDA ANTITRUST LAW?

AFFIRMED; QUESTION CERTIFIED.

HARRIS, C.J., and PETERSON, JJ., concur.

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  • Morsani v. Major League Baseball, 663 So. 2d 653 (Fla. 2d DCA 1995)
    …ited to the reserve system. Although the trial judge here found Judge Pa-dova’s decision well-reasoned, he ultimately concluded that he was bound by the decision of the Fifth District in Butterworth v. National League of Professional Baseball Clubs, 622 So. 2d 177 (Fla. 5th DCA 1993), which granted a petition to set aside the state’s civil investigative demands pursuant to state antitrust law. On appeal, the Florida Supreme Court answered in the negative the following question certified by the Fifth District…
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  • Butterworth v. Nat'l League OF Prof'l Baseball Clubs, 644 So. 2d 1021 (Fla. 1994)
    …HARDING, Justice. We have for review Butterworth v. National League of Professional Baseball Clubs, 622 So. 2d 177 (Fla. 5th DCA 1993), in which the Fifth District Court of Appeal certified the following question to be one of great public importance: DOES THE ANTITRUST EXEMPTION FOR BASEBALL RECOGNIZED BY THE UNITED STATES SUPREME COURT IN FEDERAL BASE BALL CLU…

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