Tropical Trailer Leasing. Photo: Google

Florida's Third District Court of Appeal has handed a legal win to a government agency that no longer exists.

The appellate court Wednesday upheld the motion for summary judgment granted to the Miami-Dade County Expressway Authority, or MDX, in the toll board's litigation with Tropical Trailer Leasing LLC .

On July 3, Florida Gov. Ron DeSantis signed a bill dissolving the toll board and outlining the creation of a new agency, the Greater Miami Expressway Agency, to take its place.

Johnson, Anselmo, Murdoch, Burke, Piper & Hochman partner Christopher Stearns represented MDX in the appeals court. Stearns declined to comment on the opinion or provide speculation on the impact the organization's termination might have on the ruling.

Stearns Weaver shareholder Eugene Stearns is representing MDX in Leon Circuit Court in a lawsuit against Florida officials over the toll agency's dissolution. He did not respond to requests for comment by press time.

In 2014 Tropical Trailer, a Miami-based company specializing in trailer sales and rentals, filed a class action suit against MDX in Miami-Dade Circuit Court. The legal action sought to stop the toll agency from charging the company whenever its trailers were used on toll roads. Tropical Trailer appealed to the Third DCA after Miami-Dade Circuit Judge John Thornton granted MDX's motion for summary judgment against the company and denied the plaintiff's own motions for summary judgment and injunctive relief.

Read the appellate opinion:

Wednesday's appellate order addressed Tropical Trailer's appeals in a consolidated opinion. The Third DCA affirmed the lower court order and wrote their decision was based on the company's failure “to provide evidence of a clear legal right to the relief sought” or establish irreparable harm.

“MDX is exercising its proper statutory authority to charge trailer owners tolls for using MDX's roadways,” the opinion said, adding trailers meet the definition of “motor vehicle” under Florida law. “Tropical claims that it does not voluntarily use MDX's toll roads, and therefore, only the driver or contractor who owns the tractor should pay the toll. Yet, Tropical is unable to cite to any authority for this interpretation. It can only argue that historically it has not been charged tolls but does not challenge the constitutionality or the legality of the new definition of 'motor vehicle.'”

The appellate court said the issue Tropical is looking to address — namely Florida law classifying trailers as motor vehicles subject to tolls — fell outside of their purview. It held, “Tropical's complaint is with the legislature and does not belong in the courts.”

The opinion also said the company's grievances could be addressed by adjusting their arrangements with customers.

“Tropical has an adequate remedy outside the courts available through contract between its contractors and/or the drivers,” the opinion said. “Rental car companies enter into contracts everyday with renters that include a provision in which the company will either charge the renter directly for any tolls charged to the company or allow the renter to opt in to a pre-payment option.”

The opinion added, “In light of this type of provision in rental car agreements, there is no plausible reason why Tropical, or any other rental trailer company, cannot find an adequate remedy through a contractual agreement between it and its contractors who rent its trailers.”

Tallahassee-based Akerman partner Diane DeWolf served as Tropical Trailer's legal counsel in the Third DCA. DeWolf directed the Daily Business Review's request for comment to the firm's media relations manager, Marlisa Serrano, who did not respond by press time.

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