Freeman Truck Line, Inc. v. Merchants Truck Line, Inc., 07-CC-59380
| Decision Date | 13 May 1992 |
| Docket Number | No. 07-CC-59380,07-CC-59380 |
| Citation | 604 So.2d 223 |
| Parties | FREEMAN TRUCK LINE, INC. v. MERCHANTS TRUCK LINE, INC., Shippers Express, Inc. and AAA Cooper Transportation, Inc. |
| Court | Mississippi Supreme Court |
Douglas C. Wynn, Wynn & Mitchell, Greenville, for appellant.
John A. Crawford, Butler Snow O'Mara Stevens & Cannada, Harold D. Miller, Jr., Butler Snow Firm, Jackson, for appellee.
Before DAN M. LEE, P.J., BANKS and McRAE, JJ.
McRAE, Justice, for the court:
Freeman Truck Line, Inc. (hereinafter Freeman) filed an application for intrastate transport authority with the Public Service Commission of Mississippi (hereinafter Commission) on October 27, 1986. Merchants Truck Line, Inc., Shippers Express, Inc. and AAA Cooper Transportation, Inc. (collectively, Merchants) protested the application. The Commission granted Freeman's petition, and Merchants appealed to the Circuit Court of Hinds County. The circuit court reversed and remanded for further findings. Freeman implores this Court to review the circuit court's reversal order. The appeal, interlocutory in nature, is not properly before us. We therefore dismiss the appeal without prejudice.
Freeman began its operations in 1943 as a distribution carrier interchanging freight originating in or destined to various points in north central Mississippi. Freeman asked the Commission to grant its application because it held interstate authority to serve all points in Mississippi and its delineation from intrastate authority was confusing and had caused problems with drivers and customers. These problems arose primarily in the Jackson and Memphis break-bulk terminals when a shipper would deliver both interstate shipments which it could serve and intrastate shipments, some of which Freeman could not serve.
Ten public witnesses supported Freeman's application including Yancy Delapp, general manager and vice-president of Acme Frame Products in Tutwiler, Mississippi. Acme employs approximately one hundred people and manufactures picture frames. Delapp testified that the carriers serving Acme were Shippers, Merchants and Freeman and out of the three, Freeman gave them the best service. Additionally, he stated that he would recommend Freeman to its customers and would also use Freeman for all shipments throughout the state if the application were granted.
During the testimony of Larry Kerr, president of Shippers, the following transpired BY VICE CHMN HAVENS: Mr. Kerr, you've been present at this Commission on several hearings pertaining to applications for intra authority, haven't you?
. . . . .
. . . . .
BY CMR SNYDER: Mr. Chairman, talking about that professional witness now. What about these that you see that call you at home that see you when you go around in your district and they tell you that they need this service? ... I can just name you number and number and in fact I've got letters in my office. Now why are these people contacting me as their Commissioner wanting this service? Why Mr. Johnson, for instance, in Eupora and I can just--I can name them over and over.
. . . . .
BY CMR SNYDER: They're not professional witnesses and they don't come--they haven't been down here.
. . . . .
BY CMR SNYDER: Well, they told me pretty doggone straight that they were having problems and they relayed it to me. Now I'm just--
. . . . .
BY CMR SNYDER: As far as this, I'm doing what I'm thinking I'm supposed to do and listening to those people in my district and I'm going to listen to them, but they're not professional witnesses.
At the close of the hearing, the Commission authorized Freeman:
TO OPERATE AS A RESTRICTED COMMON CARRIER, INTRASTATE, BY MOTOR VEHICLE, TRANSPORTING GENERAL COMMODITIES (EXCEPT CLASSES A & B EXPLOSIVES, HOUSEHOLD GOODS AND COMMODITIES IN BULK) BETWEEN ALL POINTS AND PLACES OVER IRREGULAR ROUTES WITHIN THE STATE OF MISSISSIPPI.
On appeal, the circuit court reversed the Commission's Amended Order and stated the following:
[I]t is the opinion of the Court that the findings of fact are not against the overwhelming weight of the evidence, but that the cause must be...
To continue reading
Request your trial
-
High Ridge Hinkle Joint Venture v. City of Albuquerque
...Coaches, 256 Ark. 1054, 511 S.W.2d 651, 653 (1974) (but reviewing the lower court decision on certiorari); Freeman Truck Line v. Merchants Truck Line, 604 So.2d 223 (Miss.1992); Boyle v. Trump, 584 S.W.2d 119 (Mo.Ct.App.1979); Nevada Taxicab Auth. v. Greenspun, 109 Nev. 1022, 862 P.2d 423 (......
-
Bullock v. Aiu Ins. Co.
...for further action.'" Blankenship v. Delta Pride Catfish, 676 So.2d 914, 917 (Miss. 1996) (quoting Freeman Truck Line, Inc. v. Merchants Truck Line, Inc., 604 So.2d 223, 224 (Miss.1992)). The rights that remained undetermined following the October 1999 order concerned a monetary interest, w......
-
Blankenship v. Delta Pride Catfish, Inc., 93-CC-00748-SCT
...involved in the action remain undetermined and when the cause is retained for further action.' " Freeman Truck Line, Inc. v. Merchants Truck Line, Inc., 604 So.2d 223, 224 (Miss.1992) (quoting 2 Am.Jur.2d Administrative Law § 585 (1962)). At issue is whether the December, 1992 Commission or......
-
JR LOGGING v. Halford, No. 1999-WC-00335-COA.
...had reversed and remanded to an agency so it could make further findings. Wilson, 643 So.2d at 540, citing Freeman Truck Line v. Merchants Truck Line, 604 So.2d 223 (Miss.1992). An inconsistent precedent reviewed in Wilson involved a circuit court's sending a case back to the Workers' Compe......