Legal Opinion

Yeomans v. State, Department of Banking & Finance, Division of Securities

District Court of Appeal of Florida

Decided June 26, 1984No. Nos. 83-2733, 83-2945, and 83-2758Published

1Opinion of the Court

SCHWARTZ, Chief Judge.

Several of the respondents below seek review of an “immediate final” order en*1012tered against them1 by the State Comptroller in his capacity as head of the Department of Banking and Finance, Division of Securities. The order required that they cease and desist from selling “programs” or “packages” which involve applications for participation in lottery-type drawings for federal oil and gas leases then2 being conducted monthly by the United States Department of the Interior. The entire basis of the authority asserted by the Comptroller lies in the claim that the plan being…

2Cases cited11 opinions

  1. Securities and Exchange Commission v. W. J. Howey Co.Supreme Court of the United States · 1946
  2. Edgar v. Mite Corp.Supreme Court of the United States · 1982
  3. Commercial Consultants Corp. v. DEPT. OF BUS. REGULATIONDistrict Court of Appeal of Florida · 1978
  4. Aurora Enterprises, Inc. v. State, Department of Business Regulation, Division of Alcoholic Beverages & TobaccoDistrict Court of Appeal of Florida · 1981
  5. Rudd v. StateDistrict Court of Appeal of Florida · 1980

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