CARNIVAL LEISURE INDUSTRIES, LTD., APPELLANT,
v.
JAY HERMAN, APPELLEE
CARNIVAL LEISURE INDUSTRIES, LTD., APPELLANT,
JAY HERMAN, APPELLEE
629 So. 2d 882
Florida District Court of Appeal, Fourth District (1993)
Negative Treatment
Cited by 8 cases
Opinion of the Court
PER CURIAM.
We affirm on the authority of Barquín v. Flores, 459 So. 2d 436 (Fla. 3d DCA 1984); Dorado Beach Hotel Corp. v. Jernigan, 202 So. 2d 830 (Fla. 1st DCA 1967), appeal dismissed, 209 So. 2d 669 (Fla.1968); Young v. Sands Inc., 122 So. 2d 618 (Fla. 3d DCA 1960).
Foreign casino gambling obligations, although valid where created, are unenforceable in Florida. We interpret Florida Statute Section 849.26 as exempting transactions expressly authorized by Florida law, not by foreign law.
DELL, C.J., and STONE and FARMER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Carnival Leisure Indus. Ltd. v. Arviv, 655 So. 2d 177 (Fla. 3d DCA 1995)…that, notwithstanding Florida’s change in public policy with respect to a statewide lottery, section 849.26 continued to bar enforcement of a legally incurred casino gambling debt. 627 So. 2d at 539; see also Carnival Leisure Indus., Ltd. v. Herman, 629 So. 2d 882 (Fla. 4th DCA 1993). Arviv then moved for summary judgment, asserting that the Froug decision was dispos-itive of the case. He also moved for attorney’s fees under subsections 57.105(1) and 57.105(2), Florida Statutes (1993).2 Carnival filed a noti…
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Carnival Leisure Indus., Ltd. v. Holzman, 660 So. 2d 410 (Fla. 4th DCA 1995)…n of the gambling debt. In November 1993, subsequent to the commencement of the instant action, two of the prior suits reached the appellate courts and this court and the Third District issued opinions in Carnival Leisure Industries, Ltd. v. Herman, 629 So. 2d 882 (Fla. 4th DCA 1993), and Froug v. Carnival Leisure Industries, Ltd., 627 So. 2d 538 (Fla. 3d DCA 1993), respectively. In both Froug and Herman, the courts reiterated the well established rule that foreign gambling obligations, although valid where c…1 / 2
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Wallisville Corp., Inc. v. McGUINNESS, 154 So. 3d 501 (Fla. 4th DCA 2015)…on expressly authorized by law. § 849.26, Fla. Stat. (2013) (numbering added). This statute bars enforcement of gambling debts even if the debt was incurred in another state where the gambling was legal. See Carnival Leisure Indus., Ltd. v. Herman, 629 So. 2d 882, 882 (Fla. 4th DCA 1993). Appellant relies on Young v. Sands, Inc., 122 So. 2d 618 (Fla. 3d DCA 1960), which was, according to the opinion, the first time section 849.26 had been construed by a Florida appellate court. There, a casino attempted to…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Huey T. Young v. Sands, Inc., 122 So. 2d 618 (Fla. 3d DCA 1960)
- Dorado Beach Hotel Corp. v. Jernigan, 202 So. 2d 830 (Fla. 1st DCA 1967)
- Barquin v. Orestes Flores and Jose Flores, 459 So. 2d 436 (Fla. 3d DCA 1984)
- Hanks v. Wainwright, 209 So. 2d 669 (Fla. 1968)
- Rewis v. State, 209 So. 2d 669 (Fla. 1968)