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Hartman Transportation, Inc. v. Hawkins

Supreme Court of Florida
Dec 21, 1978
366 So. 2d 430 (Fla. 1978)

Opinion

No. 53613.

December 21, 1978.

Petition for review from the Public Service Commission.

David B. Erwin of Woods, Johnston Erwin, Tallahassee, for petitioner.

Prentice P. Pruitt, Legal Director, and M. Robert Christ and Paul Sexton, Staff Counsels, Tallahassee, for respondents.


By petition for writ of certiorari, we have for review an Order of the Public Service Commission which holds that petitioner, Hartman Transportation, Inc., is not authorized to originate charter bus service at McCoy Jetport in Orlando. We have jurisdiction pursuant to Article V, Section 3(b)(3), Florida Constitution. We agree with the Public Service Commission's holding and deny the petition.

Petitioner relies on this Court's earlier decision in Hartman Transportation, Inc. v. Bevis, 293 So.2d 37 (Fla. 1974), as authority for the position that it is authorized to originate charter service at McCoy Jetport. In Hartman Transportation, Inc., supra, we held that this same petitioner had authority, as a matter of right, to conduct charter operations over the "closed door" portion of its regular certificate routes between Melbourne and Kennedy Space Center. Hartman Transportation, Inc., supra, is distinguishable because in the present case McCoy Jetport is not a point on petitioner's regular certificate route between Pine Hill Shopping Center at Orlando and Gate 3 of the Kennedy Space Center, and thus, petitioner is not authorized, pursuant to Section 323.14(1), Florida Statutes (1969), to originate charter bus service at McCoy Jetport.

Accordingly, the petition is denied.

ENGLAND, C.J., and OVERTON, SUNDBERG, HATCHETT and ALDERMAN, JJ., concur.


Summaries of

Hartman Transportation, Inc. v. Hawkins

Supreme Court of Florida
Dec 21, 1978
366 So. 2d 430 (Fla. 1978)
Case details for

Hartman Transportation, Inc. v. Hawkins

Case Details

Full title:HARTMAN TRANSPORTATION, INC., D/B/A CENTRAL FLORIDA BUS LINES, PETITIONER…

Court:Supreme Court of Florida

Date published: Dec 21, 1978

Citations

366 So. 2d 430 (Fla. 1978)