FLEET TRANSPORT COMPANY, INC. AND REDWING CARRIERS, INC., PETITIONERS,
v.
JESS YARBOROUGH ET AL., RESPONDENTS

Fla. | 1971-12-08
No. 40708
ROBERTS, C. J., and ERVIN, BOYD, McCAIN and DEKLE, JJ., concur.
255 So. 2d 516 Florida Supreme Court (1971) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

By petition for writ of certiorari we have for review two orders of the Florida Public Service Commission dated December 3, 1970, and December 31, 1970, which extended the authority of Motor Fuel Carriers, Inc., under its existing Certificate No. 16.

Our examination of the record clearly sustains the view that the findings of the respondent commission are supported by competent substantial evidence and that in entering its order the respondent met the essential requirements of law.

The petition is therefore denied.

ROBERTS, C. J., and ERVIN, BOYD, McCAIN and DEKLE, JJ., concur.


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  • …commission shall grant same only when the existing certificate holder or holders serving such territory fail to [*12] provide service and facilities which may reasonably be required by the commission.” As we said in Redwing Carriers, Inc. v. Mayo, 255 So. 2d 516 (Fla.1971), “ . . . the question presented by the statute is ‘How much ¿«satisfaction is there with the existing service and facilities?'” (p. 518) Despite the finding by the Commission that the present interlining arrangement causes delays in ser…
  • Fargo VAN & Storage, Inc. v. Bevis, 314 So. 2d 129 (Fla. 1975)
    …asis supplied) This Statute places a burden on applicants to show that existing service and facilities are unsatisfactory and that the public convenience and necessity requires the granting of additional service. See Redwing Carriers, Inc. v. Mayo, 255 So. 2d 516 (Fla., 1971). Despite the findings by the Commission that the grant of the requested authority will have minimal effect on the protestants, and further, a finding that the applicant serves a segment of the community which has limited or no ability…
  • …lar. [*36] This Commission and the Supreme Court have recognized that when applications are filed simultaneously or near so, the testimony of the witness in each proceeding may be considered in the other. See Fleet Transport Co. of Florida v. Mason, 255 So. 2d 516 [188 So. 2d 294] and Redwing Carriers, Inc. v. Mayo, 255 So. 2d 516. The record of the Refrigerated proceeding standing by itself is sufficient to warrant the grant of the authority sought. Refrigerated presently holds authority to transport all fr…
    1 / 2

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