Weintraub v. Mason, 165 So. 2d 188 (Fla. 3d DCA 1964). · Go Syfert
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Weintraub v. Mason, 165 So. 2d 188 (Fla. 3d DCA 1964). Cases Citing This Book View Copy Cite
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Dan WEINTRAUB, d/b/a Winters International, Inc., or Dan Winters Trucking
v.
Edwin L. MASON, Jerry W. Carter, and Wilbur C. King, as Members of and constituting the Florida Public Utilities Commission
No. 64-249.
District Court of Appeal of Florida, Third District.
Jun 16, 1964.
165 So. 2d 188
1964 Fla. App. LEXIS 4350
Louis Winter, Miami, for appellant., Louis W. Petteway and Franklin A. Orlando, Tallahassee, for appellees.
Carroll, Horton, Pearson.
Published
CARROLL, Judge.

Proceeding under Ch. 322, Fla.Stat., F.S. A., the Florida Public Utilities Commission filed a complaint for injunction against the appellant, who is in the business of leasing tractors and trailers, charging he was operating as a carrier without license contrary to the statute.

This appeal is from an interlocutory injunction which was granted after notice and hearing. The pertinent issue there was whether appellant furnished drivers. His filed affidavit stated that he did not. The evidence submitted by plaintiffs consisted of hearsay and of legal conclusions stated by an investigator. No useful purpose would be served by quoting his testimony here. We have examined it, and we must agree with the contention advanced by the appellant that there was no adequate or substantial evidentiary support for the preliminary injunction. Therefore the order appealed from should be and hereby is reversed.

Reversed.