State ex rel. R. C. Motor Lines, Inc. v. Boyd
| Decision Date | 27 May 1959 |
| Citation | 114 So.2d 169 |
| Parties | STATE of Florida ex rel. R. C. MOTOR LINES, INC., a corporation, Petitioner, v. Alan S. BOYD, Wilbur C. King and Jerry W. Carter, as and constituting the Florida Railroad and Public Utilities Commission, and Jacksonville Transfer and Storage, Inc., as an interested party, Respondents. |
| Court | Florida Supreme Court |
Schwartz, Proctor & Bolinger and Richard B. Austin, Jacksonville, for petitioner.
Lewis W. Petteway, Tallahassee, for Florida Railroad and Public Utilities Commission, respondent.
Wayne K. Ramsay, Jr., Jacksonville, for Jacksonville Transfer and Storage, Inc., respondent.
Petitioner R. C. Motor Lines, Inc. seeks a writ of prohibition to direct the respondent Commission to cancel and revoke a certificate of public convenience and necessity previously issued to respondent Jacksonville Transfer and Storage Inc.
We must determine whether prohibition is the proper procedure to accomplish the desired result.
A detailed delineation of the facts is unnecessary. On January 17, 1958, the respondent Commission issued a certificate of public convenience and necessity to the respondent Jacksonville Transfer and Storage Inc. The certificate authorized a general commodity auto transportation service between points in Nassau and Daval counties including Mayport and Jacksonville Beach. On March 12, 1958, the petitioner R. C. Motor Lines, Inc., hereafter referred to as , requested the respondent Commission to revoke or modify the previously issued certificate insofar as it authorized the service to Mayport and Jacksonville Beach. The petitioner then contended that the issuance of the certificate was accomplished in violation of certain provisions of Section 323.29(1), Florida Statutes, F.S.A., and Chapter 17531, Special Acts of Florida, 1935. The petitioner took the position that the cited statutes prohibited the respondent Commission from exercising its jurisdiction over carriers in certain sections of Duval County, including Mayport and Jacksonville Beach. The respondent Commission refused to revoke or modify any provision of the certificate previously issued to respondent Jacksonville Transfer and Storage Inc. The petitioner now comes with its original suggestion for a writ of prohibition seeking an order directing the cancellation or modification of the above mentioned certificate.
Petitioner contends that respondent Commission was without jurisdiction to issue the certificate.
Respondent Commission contends that even if there were any basic merit to the position of the petitioner, all of which is denied, neverthelss the results desired can not properly be accomplished in a prohibition proceeding.
A reference to the factual summary reveals that within less than 60 days from the issuance of the certificate, the petitioner was aware of its content and its potential effect on petitioner's operation. This is so...
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