Opinion
May 4, 1951.
Cases of original jurisdiction — Certiorari to the Florida Railroad and Public Utilities Commission.
LeRoy Allen, Tampa, C.C. Howell, Wilmington, N.C., and William M. Howell, Jacksonville, for petitioner.
Lewis W. Petteway, Guyte P. McCord, Jr., and D. Fred McMullen, all of Tallahassee, for respondents.
The two cases styled in the caption are companion cases and very similar to Atlantic Coast Line Railroad Company v. Wilbur C. King, Jerry W. Carter and Richard A. Mack, as and constituting the Florida Railroad and Public Utilities Commission hereinafter referred to as the Commission. The last cited case was decided April 6, 1951, Fla., 51 So.2d 723 and was a certiorari to review an order of the Commission denying application of the Atlantic Coast Line Railroad Company for authority to close its agency at the Town of Longwood, Florida. It will hereinafter be referred to as the Longwood case.
The record and the briefs in these cases have been lodged in this Court and reveal that they are no different from the Longwood case, except the first case is a certiorari to review Order No. 1634 of the commission denying application of petitioner for authority to close its agency at Dukes, Florida and the second case is a certiorari to review Order No. 1631 of the commission denying application of petitioner for authority to close its agency at Babson Park, Florida.
Counsel for petitioner and respondents in both cases have filed a stipulation in this court in which it is agreed that the pleadings and the issues raised in these cases are similar to those raised in the Longwood case, that the decision in the Longwood case will be determinative of the issues in these cases and that the order on the petition for certiorari in these cases should follow the tenor and effect of the order disposing of the petition for certiorari in the Longwood case.
In an opinion of this Court filed April 6, 1951, prepared by Mr. Justice CHAPMAN petition for certiorari was granted in the Longwood case and the order of the Commission refusing to close the Longwood agency was quashed with directions to permit petitioner to close said agency. It follows that the petition for certiorari in both cases cited in the caption is granted, on authority of the order and opinion filed in the Longwood case April 6, 1951, and the judgment of the Commission is quashed with directions to permit petitioner to close its agencies at Dukes and Babson Park.
It is so ordered.
SEBRING, C.J., and CHAPMAN, THOMAS, ADAMS, HOBSON and ROBERTS, JJ., concur.