S & J TRANSPORTATION, INC., A FLORIDA CORPORATION ET AL., APPELLANTS,
v.
BEN C. MCGAHEY ET AL., APPELLEES
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The court held that a contract for transportation between a county airport and 'all points' within the county exceeds statutory authority, which limits such contracts to 'designated points'.
Transportation companies sought to enjoin a contract between Dade County Port Authority and another company for passenger transport from the airport. …
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The appellants, transportation companies in Dade County, sought to enjoin the operation of a contract, between Dade County Port Authority and one such company, for transportation of passengers, from the county owned airport to “all’ points” within the county. The county moved to dismiss, contending the complaint failed to state a cause of action and that the court lacked jurisdiction. The motion, was granted and the cause dismissed. Plaintiffs appealed.
The county commission had authority to enter into a contract with one or more automobile transportation companies to transport passengers for hire between the airport or airports operated by the county “and designated points within such county.” Sections 331.14, 331.15, Fla.Stat., F.S.A. The contract in this case went beyond the statutory authority when it provided for transportation between the county airport and all points, rather than designated points within the county as re*443quired, as the Supreme Court recently held in Phil’s Yellow Taxi Co., Inc. v. Carter, Fla.1961, 134 So.2d 230, 232, where, in dealing with such a contract the court said: “Without speculating on the reason for the restriction we decide that power to transport to and from designated points is not met by fixing no points at all.”
The county’s contention as to want of jurisdiction was without merit. The right of the plaintiff transportation companies to compete for the passenger traffic to and from county-operated airports can be limited through contracts made between the county commissioners and one or more such companies as provided for by the statute, but plaintiffs are entitled to protect their right to do business until and unless they are excluded or deprived of it by lawful means.
The order dismissing the complaint is reversed on authority of Phil’s Yellow Taxi Co., Inc. v. Carter, supra, and the cause remanded for further proceedings not inconsistent herewith.
Reversed.
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Citator
Cited By
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S & J Transp., Inc. v. Gordon, 176 So. 2d 69 (Fla. 1965)…posed to all points, in Dade County. In previous litigation they have been successful in sustaining this position. Phil’s Yellow Taxi Company of Miami Springs v. Carter, Fla. 1961, 134 So. 2d 230, S & J Transportation, Inc. v. McGahey, Fla.App.1961, 135 So. 2d 442; and Red Top Sedan Service, Inc. v. S & J Transportation, Inc., Fla.App.1963, 150 So. 2d 450. To enable the Port Authority and the limousine companies to overcome the effect of the decisions above cited the Legislature enacted Chapter 63-964, Laws…
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RED TOP Sedan Serv., Inc. v. S & J Transp., Inc., 150 So. 2d 450 (Fla. 3d DCA 1963)…statutory requirement that the contract relate to the airport and “designated points within such county”. See: Phil’s Yellow Taxi Co., Inc. of Miami Springs v. Carter, Fla. 1961, 134 So. 2d 230; S & J Transportation, Inc., v. McGahey, Fla.App.1961, 135 So. 2d 442. It appears from the record that, following the rendition of the opinions in the above-cited cases, the Dade County Commissioners as the Port Authority amended their original concession agreement by providing [in reference to the points to be serve…
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Gordon v. S & J Transp., Inc., 147 So. 2d 339 (Fla. 3d DCA 1962)…PER CURIAM. Affirmed upon the authority of S & J Transportation, Inc., v. McGahey, Fla.App. 1961, 135 So. 2d 442.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Phil's Yellow Taxi Co. v. Chairman Jerry W. Carter, 134 So. 2d 230 (Fla. 1961)