Opinion
No. 55830.
February 14, 1980.
Certiorari to the Florida Public Service Commission.
Jack Shreve, Public Counsel, and Benjamin H. Dickens, Jr., and Michael McK. Wilson, Associate Public Counsels, Tallahassee, for petitioners.
Prentice P. Pruitt, Legal Director, and Norman H. Horton, Jr., and Paul Sexton, Staff Counsels, Tallahassee, for Florida Public Service Commission.
Ronald C. LaFace of Roberts, Miller, Baggett, LaFace, Richard Wiser, Tallahassee, for Florida Rock and Tank Lines, Motor Fuel Carriers, Redwing Carriers and Fleet Transport.
W. Guy McKenzie and Thomas F. Panebianco of McKenzie Panebianco, Tallahassee, for McKenzie Tank Lines, Inc., amicus curiae.
Bernard C. Pestcoe and Eric J. Bergknoff of Pestcoe Freedman, Miami, for Florida Household Good Carriers' Bureau, Inc., amicus curiae.
In this proceeding, petitioners have questioned only one aspect of the commission's proceeding and that is the disposition of a motion to dismiss. Petitioners have failed to show that the commission abused its discretion, or that the order of the commission is contrary to some essential requirement of law. Since no error has been shown, the petition for writ of certiorari is denied.
ADKINS, BOYD, OVERTON and SUNDBERG, JJ., and VANN, Associate Justice, concur.
ENGLAND, C.J., concurs in result only.
ALDERMAN, J., dissents.