Opinion
July 15, 1952. Rehearing Denied August 18, 1952.
Appeal from the Circuit Court, Dade County, Vincent C. Giblin, J.
Wm. J. Pruitt, Miami, for appellants.
Yonge, Whiteside Prunty, Miami, for City of Miami and A.D.F. Bloodworth.
Helliwell, Clark Guilmartin, Miami, for Morton C. Albury.
This is an appeal from a final order in a chancery case denying an application for an injunction and dismissing a bill of complaint for want of equity.
The litigation was between two concerns operating vessels from city docks in Miami. One was operating a vessel to take parties on deep sea fishing trips and another was operating a vessel for sight-seeing purposes on the waters around Miami.
The questions of fact and law involved in the proceedings were well expressed in the order of the Chancellor from which the appeal is taken, which order is as follows:
"By ordinance numbered 3940 (as amended by ordinance numbered 3999) it is required that any person `owning a motor vessel operating from City of Miami docks' who desires to use such vessel in the transportation of passengers for excursions, sightseeing or deep sea fishing must apply for and obtain from the Director of the Department of Yacht Docks and Small Craft Operations and Facilities a `certificate of public convenience and necessity' and from the Director of Finance an occupational license.
"The defendant Morton C. Albury applied for and obtained from the Director of the Department of Yacht Docks and Small Craft Operations and Facilities a `certificate of public convenience and necessity' by which he was privileged to operate from the city docks a motor vessel in the transportation of passengers for deep sea fishing; and he also applied for and obtained from the Director of Finance the required occupational license. The defendant complied fully with the ordinance before the certificate and license were issued.
"The requirements for obtaining a certificate for the operation of a motor vessel from the docks for sightseeing are the same as for deep sea fishing. The defendant has met such requirements and has been given permission by the Director of the Department of Yacht Docks and Small Craft Operations and Facilities to change his operation from deep sea fishing to sightseeing.
"I think the Director has acted within his authority. It is my opinion that under the governing ordinance provisions it is not required that the defendant submit a new application and have issued to him a new certificate and a new license before he can legally effect the change in his operation; and I hold, therefore, that the legal position of the complaining competitors is not sound.
"Accordingly, the application of the plaintiffs for injunctive relief is denied and their bill of complaint is dismissed (for want of equity) at their cost."
We have carefully examined the record, the charter and the ordinances of the City of Miami, involved in this case and we find no reversible error.
Affirmed.
SEBRING, C.J., and ROBERTS, J., and FUTCH, Associate Justice, concur.