Mayo v. National Truck Brokers, Inc., 37503
| Decision Date | 05 March 1969 |
| Docket Number | No. 37503,37503 |
| Citation | 220 So.2d 11 |
| Parties | William T. MAYO, Chairman, Jerry W. Carter and Edwin L. Mason, as members of and as comprising the Florida Public Service Commission, Appellants, v. NATIONAL TRUCK BROKERS, INC., et al., Appellees. |
| Court | Florida Supreme Court |
Lewis W. Petteway, Tallahassee, and M. Robert Christ, Tampa, for appellants.
J. B. Rodgers, Jr., of Rodgers & Kirkland, Orlando, for appellees.
This is an appeal by the Public Service Commission from a final declaratory judgment of the Circuit Court of Leon County, holding that Chapter 67--319, Laws of Florida, Acts of 1967, to the extent that it increases the annual license renewal for the plaintiffs, National Truck Brokers, Inc., et al., to be invalid and unconstitutional as violative of the provisions of Section 16, Article III, Fla.Const., F.S.A., 1 relating to the title to the act.
The trial court determined that the language in the title to the act, viz. 'relating to Application fees, certificate fees, permit fees, and Filing fees' imposed under the provisions of the questioned act was defective and misleading and insufficient to place the plaintiffs or other interested persons on notice that the body of the act provided for increasing the annual License fees of the plaintiffs, Brokers. The well-reasoned decision of the chancellor below amply sustains his conclusions that the act is violative of the above provision of the Florida Constitution.
Appellants question that portion of the questioned judgment holding that the plaintiffs had sufficiently complied with the requirements of F.S. Section 86.091, F.S.A., relative to serving a copy of the complaint upon the Attorney General or the State Attorney of the judicial circuit in which the action was filed. In that portion of the questioned decree the trial court held:
It is obvious from the provisions of Chapter 86 that neither the Attorney General nor the State Attorney of the circuit in which the action is pending are necessary parties in the...
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...not served, spirit of statute was satisfied although better practice would have been to serve as provided by law. Mayo v. National Truck Brokers, Inc., 220 So.2d 11 (Fla.1969). Our analysis centers upon the conclusion that in instances where the litigants are all private parties, the Attorn......
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