Opinion

Brody v. Louisiana State Racing Commission

  • 470 So. 2d 894
  • 1985 La. App. LEXIS 8792
Court
Louisiana Court of Appeal
Filed
Apr 26, 1985
Status
Published
Author
Redmann
On the bench
Byrnes, Ciaccio, Garrison, Redmann, Ward
Cited by
2 cases

The opinion

REDMANN, Chief Judge,

concurring in part and dissenting in part.

I concur in reversing the trial court’s reversal of the commission’s disqualification of plaintiff’s horse. I dissent from the “amendment” of a judgment that is being 100% reversed.

Plaintiff’s interpretation of “any horse racing in ... Louisiana” in Rule 54.1B as meaning a “horse entered for racing” (a wording used in the related Rule 54. IE) is an unworkable interpretation (even if most drugs would have disappeared from the horse’s bodily fluids between “entry” and racetime). It would allow a drug to be given to a horse that regularly races in Louisiana but is not yet “entered” for its next race. Then, whenever any medication is found in- urine or blood the argument could be made that the medication may have been given before the horse was “entered” — leaving unaddressed the question whether the horse may also have been given a second dose of the medication after it was entered, and obstructing the commission’s statutory duty of “forceful and honest statewide control of horse racing,” La. R.S. 4:141.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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