Florida Citrus Commission v. Owens

239 So. 2d 840
CourtDistrict Court of Appeal of Florida
DecidedOctober 9, 1970
Docket1565
StatusPublished
Cited by10 cases

This text of 239 So. 2d 840 (Florida Citrus Commission v. Owens) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Florida Citrus Commission v. Owens, 239 So. 2d 840 (Fla. Ct. App. 1970).

Opinion

239 So.2d 840 (1969)

The FLORIDA CITRUS COMMISSION and Indian River Citrus League, Appellants,
v.
William E. OWENS et al., Appellees.

No. 1565.

District Court of Appeal of Florida, Fourth District.

November 26, 1969.
On Rehearing October 9, 1970.

*841 William P. Tomasello, Bartow, for appellant Florida Citrus Commission.

Monterey Campbell, III, of Tomasello, Campbell, Dunlap & Norris, Bartow, for appellant Florida Citrus Commission (on rehearing only).

Sherman N. Smith, Jr., of Smith, Heath, Smith & O'Haire, Vero Beach, and Counts Johnson, Tampa, for appellant Indian River Citrus League.

E. Snow Martin, of Martin & Martin, Lakeland, for appellee William E. Owens.

BARNS, PAUL D., Associate Judge.

The Florida Citrus Commission was a defendant to a suit in equity by the plaintiff-appellee, Owens, seeking an injunction enjoining the Commission from enforcing its regulations which regulations would prohibit Owens from marketing citrus fruit labeled, "Indian River" fruit. From a final decree granting the injunction, the Commission appealed. We affirm.

The appellants' attorneys on this appeal have failed and neglected to state in their briefs with the points argued any assignment of error giving rise to the point, as is their duty in compliance with F.A.R. 3.7(f) (4), 32 F.S.A., which rule requires that "Specific assignments of error from which the points argued arise should be stated, * * *." Reversal on appeal is not to be expected in the absence of judicial error of the lower court assigned, stated and argued in appellants' brief. Professional advocacy requires that the judicial errors relied on for reversal should be stated in the brief with points argued, even in the absence of a rule requiring it.

For some fifteen years Owens had been marketing citrus fruit grown in Range 39 E, near Indiantown in Martin County on the west side of the range line dividing Ranges 39 and 40, which citrus fruit was labeled, "Indian River" fruit. Indian River citrus fruit brings a premium price in the market because of its quality.

Of the eighteen assignments of error the points argued appear to come within the scope of two assignments, viz.: (1) that the lower court erred in its order denying the appellants' motions to dismiss the complaint; and (2) that the court erred in its final decree in favor of the plaintiff.

The appellants argue in support of the assignment that the court erred in denying appellants' motion to dismiss on the ground that the plaintiff-appellee is required to seek relief before the Florida Citrus Commission as provided by F.S. Section 601.12, F.S.A. The law applicable to this point as to the jurisdiction of a court of equity to entertain plaintiff's suit is answered by the law as stated in an attack on a zoning ordinance by a suit in equity reviewed in Village of Euclid, Ohio v. Ambler Realty Co., 1926, 272 U.S. 365, *842 47 S.Ct. 114, 117, 71 L.Ed. 303, 54 A.L.R. 1016, wherein it is stated:

"A motion was made in the court below to dismiss the bill on the ground that, because complainant [appellee] had made no effort to obtain a building permit or apply to the zoning board of appeals for relief, as it might have done under the terms of the ordinance, the suit was premature. The motion was properly overruled. the [sic] effect of the allegations of the bill is that the ordinance of its own force operates greatly to reduce the value of appellee's lands and destroy their marketability for industrial, commercial and residential uses, and the attack is directed, not against any specific provision or provisions, but against the ordinance as an entirety. Assuming the premises, the existence and maintenance of the ordinance in effect constitutes a present invasion of appellee's property rights and a threat to continue it. Under these circumstances, the equitable jurisdiction is clear. See Terrace v. Thompson, 263 U.S. 197, 215, 44 S.Ct. 15, 68 L.Ed. 255; Pierce v. Society of Sisters, 268 U.S. 510, 535, 45 S.Ct. 571, 69 L.Ed. 1070, 39 A.L.R. 468."

Owens could probably have sought relief by petition for writ of certiorari. The certiorari jurisdiction of a court is discretionary as distinguished from the obligatory jurisdiction of a court of equity when there is no plain, full, adequate and complete relief otherwise available. The lower court did not err in denying appellants' motions to dismiss the complaint; it was sufficient in substance to invoke the equity jurisdiction of the court, and plaintiff was not required to pursue administrative relief before seeking relief in equity. The distinctions in substance between law and equity in the federal and state systems of jurisprudence has not been affected by the new unified rules of pleading, practice and procedure. The circuit court's jurisdiction in suits in equity is conferred by Fla. Const. art. V, § 6(3), F.S.A.

The findings of fact by the Chancellor and his conclusions as set forth in his final decree are as follows:

CHANCELLOR'S FINDINGS AND CONCLUSIONS

"This is a suit for declaratory judgment and injunctive relief brought by [Owens] a citrus grower against the Florida Citrus Commission as a result of the adoption by the Commission of Amendment 36 to Regulation 105-1.03 and Amendment 4 to Regulation 105-1.09. The Prosecuting Attorney and Sheriff are joined as defendants in order to prevent the arrest and prosecution of the Plaintiff for violation of the Commission regulations.

"The Indian River Citrus League is a non-profit grower-owned and grower-controlled co-operative association without capital stock whose membership is composed of approximately 1650 growers engaged in the production of approximately ninety percent of the citrus fruit grown in the Indian River citrus area. It was permitted to intervene [as a party defendant]. * * *

"The Florida Citrus Commission proposed the adoption of the amendments cited above and published them June 22 and 23, 1966. A number of growers filed protests to the adoption of the amendments and a hearing was held before the Commission's attorney as hearing officer. This officer made findings and conclusions recommending that the protests be denied and that the amendments remain in full force and effect. Certain growers protested the proposed findings and conclusions and a hearing was held before the Commission on December 21, 1966, at which time the Commission adopted the findings, conclusions, and order recommended by the hearing officer and directed that the regulations become immediately effective. The Plaintiff herein was not a protestant in the proceedings before the Commission.

*843 "* * *

"Essentially this suit involves the problem whether the Florida Citrus Commission may by regulation prevent the Plaintiff from using what is, in effect, a form of common trademark or trade name, `Indian River'. It is clear from the evidence submitted in this case, all of which was presented by the Plaintiff, that citrus fruit labeled `Indian River' brings a premium upon the retail market. It is also clear that for fifteen years the Plaintiff has so labeled fruit and has built a substantial business as a result.

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Bluebook (online)
239 So. 2d 840, Counsel Stack Legal Research, https://law.counselstack.com/opinion/florida-citrus-commission-v-owens-fladistctapp-1970.