Florida Public Service Commission v. Triple A Enterprises, Inc.

387 So. 2d 940 (1980)

From our private database of 45,900+ case briefs, written and edited by humans—never with AI.

Florida Public Service Commission v. Triple A Enterprises, Inc.

Florida Supreme Court
387 So. 2d 940 (1980)

Facts

Triple A Enterprises, Inc. (Triple A) (plaintiff) operated a delivery service in Martin County, Florida. By letter, the Florida Public Service Commission (commission) (defendant) notified Triple A that (1) under the Florida Statutes, Triple A’s operations required an official authorization from the commission; and (2) because Triple A did not have an authorization, in five days, the commission would file for a permanent injunction barring Triple A’s ongoing operations unless Triple A voluntarily ceased operations. The commission did not follow through on its threat to seek an injunction. Twenty-six days later, Triple A sued the commission in Martin County, arguing that the statute requiring Triple A to seek authorization from the commission to operate its business (the authorization statute) was unconstitutional. Because the commission was headquartered in Leon County, the commission moved to transfer Triple A’s action to Leon County pursuant to the home-venue privilege, also called the common-law venue privilege, under which state agencies could only be sued in the county in which the agency was headquartered. Triple A challenged, arguing that, under the sword-wielder exception to the home-venue privilege, a private individual could seek venue in the county in which the state was actively and imminently threatening to invade the individual’s constitutional rights. The trial court denied the commission’s motion to transfer, holding that the home-venue privilege was unconstitutional. The commission appealed.

Rule of Law

Issue

Holding and Reasoning (Adkins, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 734,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 734,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 45,900 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 734,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 45,900 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership