EDWARD C. GRISSOM, JR., ET AL., AS AND CONSTITUTING THE STATE BOARD OF FUNERAL DIRECTORS AND EMBALMERS FOR FLORIDA, APPELLANTS,
v.
EDWARD F. MCHALE ET AL., APPELLEES

Fla. 3d DCA | 1962-07-24
No. 61-692
Before HORTON, BARKDULL and HENDRY, JJ.
143 So. 2d 352 Florida District Court of Appeal, Third District (1962) Positive Treatment
Cited by 3 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. See: Spector v. Hart, Fla.App.1962, 139 So.2d 923.


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  • City OF Mount Dora v. JJ's Mobile Homes, Inc., 579 So. 2d 219 (Fla. 5th DCA 1991)
    …lin, Municipal Corporations, § 34.03 (3d Ed.). When granted, a fran [*224] chise becomes a property right in the legal sense of the word. Leonard v. Baylen Street Wharf Co., 59 Fla. 547, 52 So. 718 (1910); West Coast Disposal Service, Inc. v. Smith, 143 So. 2d 352 (Fla.2d DCA 1962), cert. denied, 148 So. 2d 279 (Fla.1962). But see, Alterman Transport Lines, Inc. v. State, 405 So. 2d 456 (Fla. 1st DCA 1981) where the court rejected the argument of holders of certificates of public convenience that the deregula…
  • Band v. O'Dare's Horse Transp., Inc., 32 Fla. Supp. 51 (Dade Cty. Civ. Ct. Rec. 1969)
    …cided, it was subject to a sale under a proper judicial decree for his debts at least in the absence of objection from the granting power, or of a showing of injury to the public. In a later case cited as West Coast Disposal Service, Inc. v. Smith, 143 So. 2d 352, text page 354, appears the following — A franchise is fundamentally a property right with respect to its enjoyment and protection, even though the involvement of public interest necessarily subjects it to governmental oversight and control. Leonar…
  • Cent. Waterworks, Inc. v. Town OF Century, 754 So. 2d 814 (Fla. 1st DCA 2000)
    …service from Appellant, Appellant filed suit, alleging that Appellee had infringed upon its exclusive franchise. We begin our analysis by reiterating that a franchise constitutes a private property right. West Coast Disposal Service, Inc. v. Smith, 143 So. 2d 352 (Fla. 2d DCA 1962). If the franchisee has the ability promptly and efficiently to meet its duty to provide the service prescribed by the franchise agreement, the franchisee’s right can be alienated only by its consent unless full compensation is pai…

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