Gretna Racing, LLC v. Department of Business & Professional Regulation

BILBREY, J.,

concurring in pari and in result. '

Following the retirement of the Honorable Nikki Clark from this Court the “luck of the draw”8 has placed me on the three judge panel assigned to consider the motion for rehearing. While there is no clear guidance on the appropriate standard the successor judge is to apply when passing on a motion for rehearing, my decision to grant rehearing is based on the following considerations.

Certainly, the judgment of a retired colleague is entitled to some deference. In considering the authority of a' successor trial judge, the Florida Supreme Court has…