W. L. MCKNIGHT, D/B/A WEBSTER OUTDOOR ADVERTISING CO. (NOT INC.), APPELLANT,
v.
HIALEAH RACE COURSE, INC., GULFSTREAM PARK RACING ASSOCIATION, INC., TROPICAL PARK, INC., FLORIDA THOROUGHBRED COUNCIL, FLORIDA THOROUGHBRED BREEDERS ASSOCIATION, AND FLORIDA STATE RACING COMMISSION, APPELLEES

Fla. 3d DCA | 1970-05-19
No. 69-926
Before PEARSON, C. J., and CHARLES CARROLL and BARKDULL, JJ.
235 So. 2d 552 Florida District Court of Appeal, Third District (1970) Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

Plaintiffs appeals a final judgment for defendant Florida State Racing Commission entered pursuant to an order dismissing plaintiff’s complaint without leave to amend. The only point presented upon appeal urges that appellant should have been granted leave to amend. The order dismissing the complaint is dated May 16, 1969. The final judgment is dated October 3, 1969. The evidence does not reflect a request for leave to amend. Under these circumstances we think that the record does not reflect an abuse of discretion by the trial judge. See Sorkin v. Rovin, Fla.App.1969, 227 So.2d 492.

Affirmed.

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Cited By

  • McKNIGHT v. Hialeah Race Course, Inc., 242 So. 2d 478 (Fla. 3d DCA 1970)
    …ct made for it by a corporation or association purporting to act as its agent but which had not been so designated by law. On an earlier appeal taken by the plaintiff from the order dismissing the State Racing Commission, this [*480] court affirmed. 235 So. 2d 552. Motions of the other defendants to dismiss the original complaint were granted with leave to amend. When the amended complaint was filed it included the State Racing Commission as a defendant. Based on its prior dismissal with prejudice, the Racing…

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