Hialeah, Inc. v. B & G Horse Transp., Inc., 78-2144
Decision Date | 09 March 1979 |
Docket Number | No. 78-2144,78-2144 |
Citation | 368 So.2d 930 |
Court | Florida District Court of Appeals |
Parties | HIALEAH, INC., and Hialeah Park, Inc., Intertrack Transportation, Inc., and Gulfstream Park Racing Association, Inc., a Florida Corporation, Appellants, v. B & G HORSE TRANSPORTATION, INC., a Florida Corporation, Appellee. |
Abrams, Anton, Robbins, Resnick, Schneider & Mager and David S. Romanik, Hollywood, Adams & Ward and Robert C. Ward, Miami, for appellants.
Milledge & Hermelee and James D. Whisenand, Miami, for appellee.
Before HAVERFIELD, C. J., and PEARSON and KEHOE, JJ.
This is an interlocutory appeal from a temporary injunction entered by the circuit court pursuant to the authority of Section 323.24, Florida Statutes (1977), which provides that an injunction may be entered against any motor carrier that operates upon the highways of this state without first having obtained a certificate, permit or license from the Florida Public Service Commission. We think the determinative issue is whether the trial court in this case correctly found that it had jurisdiction where the complaint does not allege actual operation but rather an intended and planned operation which is not denied by the defendants.
B & G Horse Transportation, Inc., the plaintiff-appellee, has certificate No. L-62 from the Florida Public Service Commission, which was issued in accord with Section 323.03, Florida Statutes (1977). The intertrack 1 transportation service provided by plaintiff B & G, pursuant to authority granted by the Florida Public Service Commission, consists of transporting race horses between Hialeah, Gulfstream and Tropical Park (actually Calder) race tracks, all of which were defendants below.
Defendants Hialeah, Gulfstream and Tropical Park race tracks organized Intertrack for the purpose of providing an intertrack transportation service. Intertrack will transport race horses only to and from Gulfstream and Hialeah. The defendants have stated that their operating expenses will be substantially reduced. All expenses associated with Intertrack will be equally divided between Gulfstream and Hialeah race tracks.
It is disputed whether the appellants (Intertrack Transportation, Inc.; Gulfstream Park Racing Association, Inc.; Hialeah, Inc.; and Hialeah Park, Inc.) formally applied to the Florida Public Service Commission for a certificate of public convenience and necessity. Some type of inquiry was made by the defendants to the Commission because, on July 13, 1978, a staff counsel wrote a letter to an attorney for Hialeah, Inc., in which it was stated: B & G filed a complaint on October 20, 1978, against the appellants and Tropical Park, Inc. The complaint contained a prayer for a " . . . temporary injunction enjoining the Defendants . . . pending the final hearing and determination of this section, from providing intra-track transportation services without certifications or approval from the Florida Public Service Commission."
A hearing on B & G's Motion for Temporary Injunction was held on October 27, 1978. At the hearing, the defendants filed motions to dismiss and to strike. A temporary injunction was issued on October 30, 1978, enjoining the defendants as follows:
"The defendants, Intertrack Transportation, Inc., Hialeah Park, Inc., Hialeah, Inc., Gulfstream Park Racing Association, Inc., and Tropical Park, Inc., their agents, employees, attorneys and all other persons in active concert and participation with them are enjoined and restrained from transporting race horses on or between race courses they own, lease, manage or operate unless a certificate of public convenience and necessity is obtained pursuant to § 323.03, Florida Statutes, or unless, pursuant to § 323.23(12) (323), Florida Statutes, both the point of origin and the point of destination are within the corporate limits of the same city or town."
B & G was required to, and did, post a $50,000.00 bond prior to noon, November 2, 1978. On November 16, 1978, the defendants filed a notice of appeal of the non-final injunctive order. 3
In the case at bar, the trial court issued the temporary injunction upon a finding that plaintiff had met the requirements of Florida Rule of Civil Procedure 1.610, and Section 323.24, Florida Statutes (1977). Section 323.24 provides:
A reading of Section 323.24 evidences that the statute provides the circuit court with jurisdiction to enjoin the operation of a vehicle without a certificate of convenience or from any violation of Chapter 323. The statute does not provide the circuit court with jurisdiction to enjoin motor carriers from preparing to operate or from doing anything short of operating a vehicle in violation of Chapter 323, Florida Statutes (1977). This reading of the statute is supported by the well-recognized proposition that:
Leigh v. State ex rel. Kirkpatrick, 298 So.2d 215 (Fla. 1st DCA 1974).
Further, a court may not invoke a limitation or add words to a statute not placed there by the legislature. Chaffee v. Miami Transfer Company, Inc., 288 So.2d 209, 215 (Fla.1974). Section 323.24, Florida Statutes (1977), clearly and unambiguously limits the jurisdiction of the circuit court to issue injunctions to the restraining of motor carriers who are, in fact, operating vehicles in violation of Chapter 323. Construing Section 323.24 to provide jurisdiction for the enjoining of persons who intend to or are preparing to operate a vehicle in violation of Chapter 323, requires the court to extend the...
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