PHIL'S YELLOW TAXI CO., INC., OF MIAMI SPRINGS, A FLORIDA CORPORATION, ET AL., PETITIONERS,
v.
CHAIRMAN WILBUR C. KING ET AL., RESPONDENTS; DIAMOND CAB CO. OF MIAMI ET AL., PETITIONERS, V. WILBUR C. KING ET AL., RESPONDENTS
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This case involves a challenge to contract and common carrier certificates issued by the respondent Commission. The Florida Supreme Court quashed the Commission's orders, finding that the issues had already been resolved in favor of the petitioners in separate equity suits.
The Florida Supreme Court held that the issues had been resolved in favor of the petitioners in prior equity suits, and therefore, the Commission's orders issuing the certificates should be quashed.
“The determinative issues have been finally resolved in petitioners' favor by the entry of a decree enjoining operations under those certificates in independent equity suits against the respondent Commission and certificate holders.”
Establishes the basis for the court's decision, highlighting the prior resolution of the dispute.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligencePetitioners challenged carrier certificates issued by the respondent Commission to Red Top Sedan Service, Inc., and Miami Beach Air Transport, Inc. Th…
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The petitioners' in these certiorari proceedings controvert contract carrier’s and common carrier’s certificates issued by the respondent Commission to Red Top Sedan Service, Inc., and Miami Beach Air Transport, Inc., respectively. The determinative issues have been finally resolved in petitioners’ favor by the entry of a decree enjoining operations under those certificates in independent equity suits against the respondent Commission and certificate holders. That decree and the opinion affirming same upon appeal1 contain a full statement of facts and treatment of the issues of law involved.
Upon authority thereof the writ should accordingly be issued and the order of the Commission in each case quashed.
It is so ordered.
DREW, C. J., and THOMAS, ROBERTS, THORNAL and O’CONNELL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- RED TOP Sedan Serv., Inc. v. S & J Transp., Inc., 150 So. 2d 450 (Fla. 3d DCA 1963)
- Porte v. City of Miami Beach, 156 So. 2d 388 (Fla. 1963)
- Diamond CAB Co. OF Miami v. King, 146 So. 2d 889 (Fla. 1962)