CopyCited 7 times | Published | Supreme Court of Florida
...O'CONNELL, Justice. This is another in a series of attacks by taxicab companies on actions of the Dade County Port Authority granting to limousine companies contracts to furnish ground transportation to and from the Miami International Airport pursuant to Section 331.15(2), F.S.A....
...county." Chapter 63-964. In counties having less than 900,000 population, on the other hand, such contracts and certificates may authorize transportation of passengers only "between such airport or airports and designated points within such county." Section 331.15(2), F.S....
...ROBERTS, Justice (concurring specially). I concur in the judgment of reversal. However, by way of caveat, this does not in my opinion impair the power of the Commission to designate a reasonable number of discharge points in the affected area under the authority of Section 331.15(2), Florida Statutes 1963, F.S.A., which provides: "The board of county commissioners of every county owning and operating an airport shall have the right, power and authority to enter into contracts with one or more motor carriers for...
CopyCited 1 times | Published | District Court of Appeal of Florida | 1963 WL 106349
...f the following opinion: “The contract, dated October 8, 1958, with its subsequent amendment dated the 19th day of December, 1961, between the Defendant Red Top Sedan Service, Inc. and the Defendant Dade County Port Authority, is violative of Sec.
331.15(2) Florida Statute, and clearly contrary to the mandate of the Florida Supreme Court, as indicated by its opinion in Phil’s Yellow [Taxi] Cab Co., Inc., et al. vs. Jerry W. Carter, et al. [Fla.App.],
134 So.2d 230 . The restriction in Florida Statute
331.15(2) requiring the Defendant Red Top Sedan Service, Inc....
...e of convenience and necessity *453 to be issued thereupon by the Florida Railroad and Public Utilities Commission. This court is of the firm opinion that the present contract is invalid and, pursuant to the procedure as indicated in Florida Statute 331.15(2), the Dade County Port Authority and Red Top Sedan Service, Inc....
...should enter into a contract that designates points. Although this court is not passing upon the number of points that should be designated in the contract, it should be a reasonable number so as to follow the intent of the legislature by its enactment of Florida Statute 331.15(2) and the entire Automobile Transportation Act (Chapter 323)....
...nd Public Utilities Commission has certificated Miami Beach Air Transport, Inc., to operate in such a fashion solely because the operation of this corporation’s alter ego Red Top Sedan Service, Inc. was subject to attack because of Florida Statute 331.15 (2)....
...On the other hand, the Plaintiffs herein cannot travel on a route or have schedules, since this would be unfair competition to common carriage. Jarnell [Jarrell] vs. Orlando Transit Co., [
123 Fla. 776 ]
167 So. 667 [664], [emphases by the court] “It is obvious that a contract carrier, pursuant to Florida Statute
331.15 (2), cannot provide individual service, and also that a common carrier by the very nature of its operation, as described in the Automobile Transportation Act, cannot provide a door-to-door type of service....
...That the Dade County Port Authority and all of its agents, servants and employees are hereby enjoined from enforcing its present contract with *455 Red Top Sedan Service, Inc. until such time as said contract is amended by the designation of points, as indicated by Florida Statute 331.15(2)....
...It appears that the findings of the chancellor were amply supported by the record and, therefore, should not be disturbed by this court. See: Crown Central Petroleum Corp. v. Standard Oil Co., Fla. App.1961,
135 So.2d 26 . It is also apparent that the chancellor’s conclusions of law as to the violation of the provision of §
331.15(2), Fla.Stat., F.S.A....
