CITY OF OAKLAND PARK, FLORIDA, A MUNICIPAL CORPORATION, PETITIONER,
v.
EDWIN L. MASON, JERRY W. CARTER AND WILBUR C. KING, AS MEMBERS OF AND CONSTITUTING THE FLORIDA RAILROAD AND PUBLIC UTILITIES COMMISSION, RESPONDENTS
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The Florida Supreme Court denied a petition for certiorari, upholding an order from the Florida Railroad and Public Utilities Commission. The court found the Commission's order was supported by competent, substantial evidence and that it was not the appellate court's role to re-weigh the evidence.
Yes, the order was supported by competent, substantial evidence on all issues the Commission was required to consider.
“there is a conflict in the testimony and that the order of such Commission is supported by competent, substantial evidence on each of the issues which Chapter 367, Florida Statutes, F.S.A. requires the Commission to consider and determine.”
Establishes the court's finding regarding the evidence supporting the Commission's order.
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Join FLexlaw to unlock all legal intelligenceThe City of Oakland Park petitioned for a writ of certiorari to review an order issued by the Florida Railroad and Public Utilities Commission. The co…
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After having heard arguments of counsel and having studied the briefs, the transcript of record as well as the order of the Florida Railroad and Public Utilities Commission, we have decided that there is a conflict in the testimony and that the order of such Commission is supported by competent, substantial evidence on each of the issues which Chapter 367, Florida Statutes, F.S.A. requires the Commission to consider and determine. It is not proper for this Court on petition for certiorari to re-weigh or re-evaluate the evidence. Townsend Fruit Company v. Mayo, Fla.App., 98 So.2d 345; De Groot v. Sheffield, Fla., 95 So.2d 912.
The petition for certiorari should be and it is hereby denied.
ROBERTS, Acting C. J., and THORNAL, CALDWELL and HOBSON (Ret.), JJ., and SCOTT, Circuit Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- de Groot v. Sheffield, 95 So. 2d 912 (Fla. 1957)
- Townsend Fruit Co., Inc. v. Mayo, 98 So. 2d 345 (Fla. 2d DCA 1957)