
    CALDER RACE COURSE, INC., a Florida Corporation, Appellant, v. Dr. Leon G. VAN WERT, Chairman of the Florida Pari-Mutuel Commission; James Lewis, Steve Abramson, Cope Newbern and Billy Vessels, Members of the Florida Pari-Mutuel Commission, Department of Business Regulation of the State of Florida (herein “the Commission”); the Division of Pari-Mutuel Wagering of the Department of Business Regulation (herein “the Division”); and West Flagler Associates, Ltd., Biscayne Kennel Club, Inc., Investment Corporation of South Florida, Inc., and World Jai Alai, Inc., d/b/a Summer Jai Alai (herein “Miami”), Appellees.
    No. WW-443.
    District Court of Appeal of Florida, First District.
    Aug. 27, 1980.
    Wilbur E. Brewton of Taylor, Brion, Buker & Greene, Tallahassee, for appellant.
    Sam Spector of Spector & Tunnicliff, Tallahassee, William P. Cagney, III, Richard B. Burroughs, Secretary of the Dept, of Business Regulation for the State of Florida, and Gary Rutledge, Miami, for appellees.
   PER CURIAM.

Time being of the essence, we granted accelerated review of Calder Race Course, Inc.’s appeal from an order of the Florida Pari-Mutuel Commission approving a schedule of operating dates for summer jai alai, including afternoon or matinee performances, for appellees-purchasers of an existing pari-mutuel permit (Miami Beach Kennel Club, Inc.), upon its conversion to a jai alai permit under Chapter 80-88, Laws of Florida (1980).

Appellant contends (1) that the Commission’s order of July 29,1980 awarding matinee performance dates was barred by res judicata because at a prior hearing, on June 27, 1980, a motion for approval of matinee performance dates died for lack of a second, and the application was pronounced “denied” by the Commission’s chairman, although no vote of the Commission was taken; (2) that the permit (Miami Beach Kennel Club, Inc.) had not conducted afternoon or matinee performances “prior to the conversion” to summer jai alai, as required by Chapter 80-88, although it had run matinee performances in 1978; and (3) that the Commission lacked authority to authorize matinees for the summer of 1980 because of its failure to adopt a rule as required by duly enacted Section 550.011(2), Florida Statutes (Chapter 80-57, Laws of Florida (1980)).

After consideration of these and other contentions presented by the parties in their briefs and oral arguments before this court, we conclude that reversible error does not appear, and the order appealed from is affirmed.

ROBERT P. SMITH, Jr., LARRY G. SMITH and SHIVERS, JJ., concur.  