Opinion
October 24, 1952. Rehearing Denied November 20, 1952.
Appeal from the Circuit Court, Dade County, J.N. Morris, J.
George H. Gore, Ft. Lauderdale, for appellant.
J. Mark Wilcox, Miami, for appellee.
By an amended bill of complaint, appellant prayed that appellee, Dade County Port Authority, be enjoined from forbidding its (appellant's) agents to transport passengers for hire from the premises of appellee to hotels owned and operated by appellant. This appeal is from the chancellor's decree dismissing the amended bill of complaint.
The record discloses that Dade County Port Authority had an exclusive contract or franchise with Red Top Cab and Baggage Co., to transport passengers from their grounds to destinations in the city. The point for determination is whether or not, in view of said contract, appellee can forbid appellant to transport passengers for hire from Miami International Airport to destinations in the city.
The contract between Miami International Airport and Red Top Cab and Baggage Co. was made pursuant to Chapter 22963, Acts of 1945, and was thoroughly considered and approved by this Court in Miami Beach Airline Service, Inc., v. Crandon, 159 Fla. 504, 32 So.2d 153, 172 A.L.R. 1425. We approved the contract against an assault very similar to that made in the present case and on virtually the same grounds. In our view the last-cited case concludes the point raised here against the contention of appellant.
In this holding we have not overlooked Griswold v. Webb, 16 R.I. 649, 19 A. 143, 7 L.R.A. 302; Godbout v. St. Paul Union Depot Company, 79 Minn. 188, 81 N.W. 835, 47 L.R.A. 532; Black White Taxicab Transfer Company v. Brown Yellow Taxicab Transfer Co., 276 U.S. 518, 48 S.Ct. 404, 72 L.Ed. 681 and other cases relied on by appellant. We think there are elements in the case at bar that remove it from the rule announced in these cases. These elements were thoroughly considered in Miami Beach Airline Service, Inc., v. Crandon, supra, and do not require further discussion at this time.
Affirmed.
SEBRING, C.J., and THOMAS and HOBSON, JJ., concur.