FLORIDA CONCRETE AND PRODUCTS ASSOCIATION, INC., PETITIONER,
v.
EDWIN L. MASON, JERRY W. CARTER AND WILLIAM T. MAYO, AS MEMBERS OF AND CONSTITUTING THE FLORIDA PUBLIC SERVICE COMMISSION, RESPONDENTS
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.
The court held that a supplemental order issued after jurisdiction vested in the appellate court is a nullity, and the original order was defective for failing to include findings of fact.
The Florida Public Service Commission issued an order, which was then challenged via petition for certiorari. A supplemental order was issued after th…
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.
Explore caselaw by topic → Browse Petition For Certiorari cases and more on FLexlaw
The petition for certiorari in this cause seeks review of Order No. 3810, dated May 19, 1965, of the Florida Public Service Commission. Subsequent to the filing here of the petition for the writ of certiorari questioning the foregoing order, the Commission issued Supplemental Order No. 3810-A by which it attempted to cure the obvious defect of Order No. 3810 with reference to findings of fact. The latter order, entered subsequent to the date that jurisdiction over the matter was vested in this Court, is a nullity.1 Moreover, it was conceded by the respondents that Order No. 3810 of May 19, 1965, the order questioned in these proceedings, is defective for failure to comply with requirements relating to findings of fact. Thereupon,
*340Order No. 3810, dated May 19, 1965, of the Florida Public Service Commission is quashed and the cause is remanded to the Commission with directions to enter an order in accordance with the requirements of law. On remand the Commission may, if it so desires, conduct such further hearings and take such further evidence as it may deem essential to the proper disposition of the matter before it.
It is so ordered.
THORNAL, C. J., DREW, O’CONNELL and HOBSON (Ret.), JJ., and DEWEY JOPINSON, District Court Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Thursby v. Stewart, 103 Fla. 990 (Fla. 1931)
- Rice v. Cochran, 134 So. 2d 12 (Fla. 1961)
- Fulton v. Poston Bridge & Iron, Inc., 122 So. 2d 240 (Fla. 3d DCA 1960)