Tamiami Trail Tours, Inc. v. Bevis
| Decision Date | 24 July 1974 |
| Docket Number | No. 44166,44166 |
| Citation | 299 So.2d 22 |
| Parties | TAMIAMI TRAIL TOURS, INC., d/b/a Tamiami Trailways, and Greyhound Lines, Inc., Greyhound Lines-East Division, Petitioners, v. William H. BEVIS et al., Respondents. |
| Court | Florida Supreme Court |
Gregory A. Presnell of Akerman, Senterfitt, Eidson & Wharton, Orlando, for Tamiami Trail Tours, Inc., d/b/a Tamiami Trailways.
John H. Wilbur of Milam, Martin & Ade, Jacksonville, for Greyhound Lines, Inc., Greyhound Lines, East Div., as petitioners.
Prentice P. Pruitt, Tallahassee, for Florida Public Service Comm.
M. Craig Massey of Langston, Massey, Trohn, Clarke & Bertrand, Lakeland, for Cities Transit, Inc. of Florida, as respondents.
This cause is before us on petition for writ of certiorari to the Florida Public Service Commission.
Petitioners seek review of Public Service Commission Orders No. 10555, dated March 2, 1973, and No. 10785, dated July 10, 1973. Both of these orders granted certain authority to the applicant, Cities Transit, Inc. of Florida. The following are the facts of the case:
By application dated January 27, 1972, applicant, Cities Transit, Inc. of Florida, sought a certificate of public convenience and necessity to operate as a common carrier of passengers on regular schedules over four specified routes designated as follows:
Route 12--From Lakeland via Florida Highway 37 to Mulberry, thence to Florida Highway 60 to Bartow, thence U.S. Highway 98 to Lakeland and return serving all intermediate points.
Route 13--From Lakeland, via U.S. Highway 92 to Auburndale, thence Florida Highway 544 to Winter Haven, thence Florida Highway 540 through Cypress Gardens to its intersection with U.S. Highway 27, thence to U.S. Highway 27 to Haines City, thence U.S. Highway 17--92 to Davenport, thence Florida Highway 547 to U.S. Highway 27, thence on U.S. Highway 27 to Interstate Highway No. 4, thence to U.S. Highway 192 and/or Florida Highway 535 to Disney World and return, serving all intermediate points.
Route 14--From Sarasota to Bradenton and Palmetto using U.S. Highway 41, thence U.S. Highway 301 to Florida Highway 674, thence Florida Highway 674 to Florida Highway 37, thence Florida Highway 37 to Lakeland, thence Florida Highway 33 to Interstate Highway No. 4, thence Interstate Highway 4 to U.S. Highway 192 and/or Florida Highway 535, to Disney World, and return, serving all intermediate points.
Route 15--Between Sarasota and Venice via Siesta and Casey Keys. Leave Sarasota from First Street and Central Avenue via First Street to Orange Avenue to Main Street to U.S. 41 to Siesta Drive to Florida 789 to Florida 789A to 789 to Florida 72 to U.S. 41 to Florida 789 (Blackburn Road) to Casey Key thence Florida 789 (Albee Road) to U.S. 41 to Ridgewood Avenue to Venetian Parkway to Venice Avenue to Esplanade Avenue to Tarpon Center Drive to the Venice Yacht Club and return the same route.
Applicant also sought corresponding interstate authority, and authority to engage in charter carriage from all points on the regular route sought. (See Section 323.14, Florida Statutes, 1971).
By Order dated March 14, 1972, this application was set for public hearing in Lakeland, Florida, commencing on Tuesday, April 18. The public hearing was held before a duly appointed Hearing Examiner of the respondent Commission on April 18, June 13, 14 and 15 at Lakeland, and July 19, 1972 at Tampa, Florida.
On September 19, 1972, the Examiner rendered his findings of fact and conclusions in the form of a Recommended Order. By this Order, the Examiner recommended that the application be granted as to Route 12 (Lakeland-Mulberry-Bartow), a portion of Route 14 (Sarasota-Bradenton-Ellenton) and Route 15 (Sarasota-Venice). It was further recommended that Route 13 and that portion of Route 14 which sought authority to Walt Disney World should be denied. In addition, the Examiner concluded that the evidence did not justify the grant of either intrastate or interstate charter authority.
Thereafter, applicant filed Exceptions to the Examiner's Recommended Order and protestants filed their replies thereto. Applicant contended that the entire application should be granted, while protestants asserted that the application should be granted only insofar as recommended by the Hearing Examiner. On December 11, 1972, oral argument was held before the respondent Commission upon the Exceptions filed by applicant, and the protestants' replies thereto.
By Petition dated December 28, 1972, the Casey Key Protective Association sought leave to intervene in the proceeding in opposition to the grant of authority over Casey Key, Florida, and applicant thereafter filed its objection to the Petition for Intervention.
By Order No. 10555, dated March 2, 1973, the Commission...
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Tamiami Trail Tours, Inc. v. Florida Public Service Commission, 45168
...the essential requirements of law, it being supported by competent substantial evidence in the record. See, e.g., Tamiami Trail Tours, Inc. v. Bevis, 299 So.2d 22 (Fla.1974); Schreiber Express, Inc. v. Yarborough, 257 So.2d 245 (Fla.1971); Florida Rate Conference v. Florida R. R. & Public U......
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...requirements of law and determining whether the order is supported by substantial and competent evidence. Tamiami Trail Tours, Inc. v. Bevis, 299 So.2d 22 (Fla.1974). The Commission's denial of Florida Telephone's request that the deferred reserves be included in the settlement's base does ......