Great Southern Trucking Co. v. Douglas

• Decision Date: 27 June 1941
• Parties: GREAT SOUTHERN TRUCKING CO. v. DOUGLAS et al., Railroad Commission.
• Court: Florida Supreme Court

3 So.2d 526

147 Fla. 552

GREAT SOUTHERN TRUCKING CO. v. DOUGLAS et al., Railroad Commission.

Florida Supreme Court

June 27, 1941

Rehearing Denied July 22, 1941.

En Banc.

A. Y. Milam, of Jacksonville, for petitioner.

Theo. T Turnbull, of Tallahassee, for respondents.

A. Pickens Coles, of Tampa, amicus curiae.

WHITFIELD, Justice.

A common law writ of certiorari was issued herein by this Court. It appears that the petitioner, Great Southern Trucking Company, a Florida corporation, operates an overnight intrastate freight truck service between Jacksonville and Miami, Florida serving as well intermediate points on the night schedule supplemented by delivery to some points on the route by trucks after night storage at other points. The petitioner also operates over the same route an interstate freight truck daytime service from Miami to Jacksonville, Florida, thence overnight to Atlanta, Georgia. The authorized interstate operation does not include local service to or from points between Miami and Jacksonville, Florida. Petitioner now desires to serve local points with daylight deliveries at named stations between Miami and West Palm Beach and points further north in Florida, on an intrastate freight truck schedule which would leave Jacksonville for Miami at 9 P. M to return leaving Miami at 11 A. M. and operate during daylight from Miami north towards Jacksonville, making deliveries at points between Miami and West Palm Beach during daylight.

Other freight truck lines serve the local points between Miami and West Palm Beach with daylight deliveries; and one of such truck lines protected the granting of the daylight service schedule prayed for by the petitioner. After hearing and consideration, the respondent Florida Railroad Commission made an order which contains the following:

'2. The applicant at present operates one round trip schedule between Jacksonville and Miami leaving Jacksonville at 6:00 P. M. and thus arriving in Miami at 6:00 A. M.--leaving Miami at 6:00 P. M. arriving in Jacksonville at 6:00 A. M Applicant operates an additional northbound schedule handing interstate freight only leaving Miami at 8:00 A. M. and arriving in Jacksonville at 7:00 P. M. The southbound portion of the proposed new schedule would leave Jacksonville at 9:00 P. M. and arrive in Miami at 9:00 A. M. This would not give applicant a new service but would merely authorize as a new schedule what is now being operated as a later section of the present schedule.

'3. The northbound portion of the proposed new schedule would give applicant a new service in the lower east coast area and enable it to give daylight delivery service out of Miami and West Palm Beach. Tamiami Trail Tours, Inc., objects to the granting of this northbound schedule because it would compete with three schedules which it operates during the day from Miami to West Palm Beach. The Commission finds in the interest of maintaining the proper relationship between the carriers involved that the proposed northbound schedule should be operated with closed doors between Miami and West Palm Beach, insofar as traffic in the area between and including Miami and West Palm Beach is concerned. The applicant will be permitted to pick up traffic at Miami and West Palm Beach and intermediate points that is destined only for points north of West Palm Beach. The Commission the proposed schedule as so restricted to be reasonable.

'Wherefore it is considered, ordered and adjudged by the Railroad Commission of the State of Florida that the application of Great Southern Trucking Company of Jacksonville, Florida, for approval of Time Table No. 1, Schedule No. 15, a copy of which is attached to and made a part of this order be and the same is hereby approved with the provision that the schedule shall be operated northbound with closed doors as to traffic originating at and destined to Miami, West Palm Beach and intermediate points.'

Section 4637 (2918), C.G.L., provides that:

'It shall be the duty of the court on an appeal or writ of error to examine the record, to reverse or affirm the judgment, sentence or decree of the court below, or to give such judgment, sentence or decree as the court below ought to have given, or as to it may appear according to law.'

The above section is applicable to appellate courts when an appeal or a writ of error has been taken, but it is not controlling when the common law writ of certiorari referred to in Sections 5 and 11 of Article V of the Constitution is issued as a writ of review.

But Section 4 of the Declaration of Rights provides that:

'All courts in this State shall be open, so that every person for any injury done him in his lands, goods, person or reputation shall have remedy, by due course of law, and right and justice shall be administered without sale, denial or delay.'

Section 5, Article V, Constitution, provides that:

'The Supreme Court * * * shall have the power to issue writs of * * * certiorari * * * and also all writs necessary or proper to the complete exercise of its jurisdiction.' See also Sec. 11, Art. V as to the power of the Circuit Courts to issue writs of certiorari.

Where a statute confers upon an administrative Board or Commission or officers, administrative authority and duties of a quasi judicial nature, and where as in this case the statute provides that the orders, rules and regulations duly made by such...