Intertrack Transp., Inc. v. B & G Horse Transp., Inc.

• Decision Date: 08 September 1981
• Docket Number: No. 80-1917,80-1917
• Citation: 403 So.2d 1058
• Court: Florida District Court of Appeals
• Parties: INTERTRACK TRANSPORTATION, INC., Hialeah Park, Inc., Hialeah, Inc., and Gulfstream Park Racing Association, Inc., Appellants, v. B & G HORSE TRANSPORTATION, INC., Appellee.

Page 1058

403 So.2d 1058

INTERTRACK TRANSPORTATION, INC., Hialeah Park, Inc., Hialeah, Inc., and Gulfstream Park Racing Association, Inc., Appellants, v.B & G HORSE TRANSPORTATION, INC., Appellee.

No. 80-1917.

District Court of Appeal of Florida, Third District.

Sept. 8, 1981.

Rehearing Denied Oct. 7, 1981.

Adams & Ward and Robert C. Ward, Landefeld & Romanik, Hollywood, for appellants.

Paul & Thomson and James D. Whisenand, Miami, for appellee.

Before BARKDULL, SCHWARTZ and FERGUSON, JJ.

PER CURIAM.

Intertrack Transportation, Inc., Hialeah Park, Inc., and Gulfstream Park Racing Association, defendants below, appeal from an order granting the motion of appelleeB & G Horse Transportation, Inc. for a judgment on the pleadings and determining that appellants were not entitled to recovery of damages on an injunction bond for the wrongful issuance of a temporary injunction.

B & G Horse Transportation is certified to transport horses pursuant to Section 323.03, Florida Statutes(1977).Intertrack Transportation was formed by appellants Hialeah Park and Gulfstream Park to transport horses between the Hialeah and Gulfstream tracks.Because Intertrack had not filed for a certificate of public convenience and necessity required by Section 323.03, Florida Statutes(1977), B & G moved for declaratory relief and a temporary injunction enjoining appellants from providing intertrack transportation.In Hialeah, Inc. v. B & G Horse Transportation, Inc., 368 So.2d 930(Fla. 3d DCA1979), this court reversed the order of temporary injunction as an invalid prior restraint where Intertrack had not actually operated a vehicle in violation of Chapter 323, Florida Statutes(1977).Appellants then filed a motion for an evidentiary hearing to fix damages and attorney's fees.The hearing was deferred until after a final hearing on the merits of B & G's complaint.In a final summary judgment entered on B & G's complaint, the trial court declared that if Intertrack were to engage in transportation of race horses between Hialeah and Gulfstream, it would be a motor carrier as defined in Section 323.01(7), Florida Statutes(1977), engaged directly in compensation for hire and would be required to obtain a certificate of public convenience and necessity before it could operate.The damage issue was then reset for trial and upon a motion for judgment on the pleadings filed by B & G, the trial court held that none of the appellants were entitled to recover damages or attorney's fees.The court specifically found that the temporary injunction was not dissolved on the merits and that the injunction was not wrongfully issued, but that the defendants below were restrained from doing acts which the law prohibited.

We reverse the trial court and find that the temporary injunction was wrongfully issued as to all appellants.The Public Service Commission subsequently found Hialeah Park, Inc. and Gulfstream Park Racing Association, Inc. had the...