Tamiami Trail Tours, Inc. v. Railroad Com'n
Decision Date | 11 March 1937 |
Citation | 174 So. 451,128 Fla. 25 |
Parties | TAMIAMI TRAIL TOURS, Inc. v. RAILROAD COMMISSION. |
Court | Florida Supreme Court |
Rehearing Denied April 6, 1937.
Original proceeding by the Tamiami Trail Tours, Inc., for a writ of certiorari to review an order of the Railroad Commission denying an application to operate a bus system as a common carrier of passengers and light express over certain state highways, wherein a motion to dismiss petition was filed.
Writ of certiorari awarded, motion to dismiss denied, and order of the Railroad Commission sought to be reviewed quashed.
On Petition for Rehearing.
COUNSEL A. Pickens Coles and Sutton, Tillman & Reeves all of Tampa, for petitioner.
Theo. T. Turnbull and Wm. P. Simmons, Jr., both of Tallahassee, for respondent.
W. J Oven, of Tallahassee, G. A. K. Sutton, Doggett & Doggett, and Milam, McIlvaine & Milam, all of Jacksonville, and Waller & Meginniss and Charles H. Spitz, all of Tallahassee, amicus curiae.
On petition for writ of certiorari, motion to dismiss the petition was filed, and the case has been brought on for hearing on petition, motion to dismiss, and the merits. Briefs have been filed by all interested parties; oral argument has been had, and the issues involved considered by the court.
The petitioners contend that the Railroad Commission in the determination of its judgment on the application of Tamiami Trail Tours, Inc., and in entering its order pursuant thereto, departed from the essential requirements of law.
Petitioner on May 27, 1935, filed its application with the Railroad Commission of the state of Florida for an extension of its certificate of public convenience and necessity No. 28 seeking the right to operate, as a common carrier of passengers and light express, two schedules daily, between Tampa, Fla., and the Georgia-Florida state line via Brooksville, Inverness, Dunnellon, Williston, Cross City, Perry, and Tallahassee, over state highways Nos. 5, 19, and 10.
A hearing was had; testimony was taken; and the commission entered an order No. 811, denying the petition.
Mr. Commissioner Carter did not agree with a majority of the commission and filed his separate opinion dissenting from the views expressed by the majority.
On the 5th of May, 1936, petitioner filed amendment to the application and motion for rehearing, both phases of which were denied by order of May 7, 1936.
It is contended here that certiorari will not lie because the order involved was a negative one. This contention is not tenable, because, as we have heretofore stated, 'the determinative order granting or denying the right or privilege under the statute, may be quasi judicial in its nature and have the quality of finality, making a writ of certiorari a proper means for a permissible judicial view of the order where no other remedy is afforded by law.' See Florida Motor Lines, Inc., v. Railroad Commissioners, 100 Fla. 538, 129 So. 876, 883; also Central Truck Lines, Inc., v. Railroad Commission, 118 Fla. 555, 160 So. 26.
In Mr. Commissioner Carter's dissenting opinion he said:
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