RACETRAC PETROLEUM, INC., APPELLANT,
v.
DELCO OIL, INC., APPELLEE

Fla. 5th DCA | 1998-11-06
No. 97-3535
GRIFFIN, C.J., and DAUKSCH and ANTOON, JJ., concur.
721 So. 2d 376 Florida District Court of Appeal, Fifth District (1998) Positive Treatment
Cited by 30 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

RaceTrac appealed a trial court's temporary injunction prohibiting it from selling motor fuel below nonrefiner cost under Florida's Motor Fuel Marketing Practices Act. The court affirmed, holding that injury to a competitor alone constitutes injury to "competition" under the statute and that the hardship imposed by the injunction was contemplated by the legislature's intent to curb predatory pricing.


Holding

The court held that "competition" under subsection 526.304(1)(b) is properly defined as "the vying for motor fuel sales between any two sellers in the same relevant geographic market," meaning injury to a single competitor constitutes injury to competition. The court also held that the hardship imposed by the temporary injunction—requiring RaceTrac to raise prices—was exactly what the legislature intended when enacting the statute to curb predatory pricing.


Headnotes

[1] Judicial interpretation of Florida statutes is a purely legal matter subject to de novo review.

[2] A statute should be construed and applied so as to give effect to the evident intent of the legislature.

Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Key Quotes

“"competition" is defined in subsection 526.303(2), Florida Statutes (1995), as "the vying for motor fuel sales between any two sellers in the same relevant geographic market."”

Establishes the statutory definition of competition that defeats RaceTrac's argument that injury must affect competition as a whole rather than between two specific sellers.

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Delco Oil filed suit against RaceTrac alleging violations of Florida's Motor Fuel Marketing Practices Act through predatory pricing and selling motor …

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
PER CURIAM.

PER CURIAM.

Deleo Oil, Inc., filed a complaint against Racetrac Petroleum, Inc., (Racetrac) seeking damages and injunctive relief, alleging that Racetrac was violating Florida’s Motor Fuel Marketing Practices Act (the Act)1 by engaging in predatory pricing and selling motor fuel below nonrefiner cost. After conducting an evidentiary hearing, the trial court entered a nonfinal temporary injunction prohibiting Racetrac from selling motor fuel below the nonrefiner cost and setting a minimum price for which Racetrac may sell its fuel. Racetrac appeals, arguing the trial court erred in interpreting the meaning of the term “competition” in the Act and in weighing the hardship imposed on the parties by the issuance of a temporary injunction. We disagree and affirm the trial court’s temporary injunction.

Racetrac’s claims of error focus on the trial court’s interpretation of two provisions contained in the Act. In reviewing this appeal we recognize first that judicial interpretation of Florida statutes is a purely legal matter and therefore subject to de novo review. See Operation Rescue v. Women’s Health Center, Inc., 626 So. 2d 664, 670 (Fla.1993), aff'd in part, rev’d in part on other grounds, 512 U.S. 753, 114 S.Ct. 2516, 129 L.Ed.2d 593 (1994). We recognize further that “ ‘the primary and overriding consideration in statutory interpretation is that a statute should be construed and applied so as to give effect to the evident intent of the legislature.’” Deason v. Florida Dep’t of Corrections, 705 So. 2d 1374, 1375 (Fla.1998)(quoting State v. Nunez, 368 So. 2d 422, 423-24 (Fla. 3d DCA 1979)).

The first provision at issue is subsection 526.304(l)(b), Florida Statutes (1995), which provides: “It is unlawful for any non-refiner engaged in commerce in this state to sell any grade or quality of motor fuel at a retail outlet below nonrefiner cost, where the effect is to injure competition.” Racetrac contends the trial court erred in concluding that proof of injury to Deleo alone constituted injury to “competition” within the meaning of this subsection, arguing that our legislature intended to enforce the prohibition against below-cost motor fuel pricing only when it affects “competition as a whole.” However, “competition” is defined in subsection 526.303(2), Florida Statutes (1995), as “the vying for motor fuel sales between any two sellers in the same relevant geographic market.” As a result, the trial court correctly determined that proof of injury to Deleo alone constituted injury to “competition” within the meaning of subsection 526.304(l)(b), since the definition of “competition” specifically pertains to sales between “any two sellers.” § 526.303(2), Fla. Stat. (1995). Where the legislature has used par ticular words to define a term, we do not have the authority to redefine it. See Baker v. State, 636 So. 2d 1342, 1343-44 (Fla.1994).

The second relevant provision is subsection 526.312(2)(b), Florida Statutes (1995), which authorizes the circuit court to issue a temporary injunction to enforce the Act if “the court determines, on balance, the hardships imposed on the defendant and the public interest by the issuance of such preliminary injunctive relief will be less than the hardship which would be imposed on the plaintiff if such preliminary injunctive relief were not granted.” Racetrac maintains that the trial court erred when it balanced the competing hardships in this case because the court determined that no hardship would be sustained by Racetrac or the public if a temporary injunction was issued. Racetrac contends the trial court failed to consider that if Racetrac were enjoined and thereby required to raise its prices, it would lose approximately $113,000 worth of profits annually and the public would be required to pay an additional $600,000 for motor fuel. In our view, the “hardship” imposed on Race-trae and the public by issuance of a temporary injunction in this case appears to be exactly what was contemplated by the legislature when it enacted subsection 526.304(l)(b), since the statute prohibits the sale of motor fuel below nonrefiner cost in order to curb predatory pricing “which adversely affect[s] motor fuel competition.” § 526.302, Fla. Stat. (1995).

AFFIRMED.

GRIFFIN, C.J., and DAUKSCH and ANTOON, JJ., concur. . See § 526.301 — .3135, Fla. Stat. (1995).


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (30 total)

  • State v. Sigler, 967 So. 2d 835 (Fla. 2007)
    …utes are pure questions of law subject to the de novo standard of review. See City of Miami v. McGrath, 824 So. 2d 143 (Fla.2002); Dep’t of State v. Martin, 885 So. 2d 453, 456 (Fla. 1st DCA 2004) (citing Racetrac Petroleum, Inc. v. Delco Oil, Inc., 721 So. 2d 376, 377 (Fla. 5th DCA 1998)), aff'd, 916 So. 2d 763 (Fla.2005). We apply this standard in interpreting section 924.34. Section 924.34, Florida Statutes,2 entitled “When evidence sustains only conviction of lesser offense,” provides: When the appellat…
  • …, 861 So. 2d 447 (Fla. 4th DCA 2003). ANALYSIS The instant case involves the interpretation of Florida’s sales and use tax statute and is thus a legal matter subject to a de novo standard of review. See Racetrac Petroleum, Inc. v. Delco Oil, Inc., 721 So. 2d 376, 378 (Fla. 5th DCA 1998). Our deliberations regarding the scope, meaning, and application of Florida law are guided by certain time-tested principles. As this Court has consistently determined, “Legislative intent is the polestar by which a court mu…
  • McBRIDE v. Pratt & Whitney & Ace USA, 909 So. 2d 386 (Fla. 1st DCA 2005)
    …tcome of this appeal turns on our interpretation of the applicable statute of limitations, found in section 440.19, Florida Statutes (Supp.1994). Accordingly, our standard of review is de novo. See, e.g., Racetrac Petroleum, Inc. v. Delco Oil, Inc., 721 So. 2d 376, 377 (Fla. 5th DCA 1998) (“judicial interpretation of Florida statutes is a purely legal matter and therefore subject to de novo review”). To the extent pertinent, section 440.19, Florida Statutes (Supp.1994), reads: (1)Except to the extent provid…

Previewing 3 of 30 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw