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Independent Taxi Drivers Association, LLC v. Metropolitan Taxicab Commission

Court of Appeals of Missouri, Eastern District, First Division

June 20, 2017

INDEPENDENT TAXI DRIVERS ASSOCIATION, LLC, et al., Appellants/Plaintiffs,
v.
METROPOLITAN TAXICAB COMMISSION, et al., Respondents/Defendants.

         Appeal from the Circuit Court of the City of St. Louis 1422-CC01070 Honorable Dennis M. Schaumann

          LISA P. PAGE, JUDGE

         Independent Taxi Drivers Association, LLC and various individual taxicab vehicle owners (collectively, "Plaintiffs") appeal from the trial court's judgment granting Metropolitan Taxicab Commission of St. Louis ("MTC") and three individual commissioners (collectively, "Defendants") motion to enforce settlement. We dismiss as the record on appeal is insufficient to review the appeal, because Plaintiffs have failed to file a transcript of the trial court proceedings.

         BACKGROUND

         On or about May 12, 2014, Plaintiffs filed suit against Defendants in the Circuit Court of the City of St. Louis, alleging restraint of trade. Specifically, Plaintiffs assert the Defendants' moratorium on the issuance of Certificates of Convenience and Necessity ("CCN") prohibited Plaintiffs from operating taxicabs within the geographical jurisdiction of the MTC.

         Eventually, after a series of oral and electronic mail ("e-mail") conversations, Plaintiffs and Defendants reached an oral settlement agreement. From what this court can determine from the scant record on appeal, this settlement required Defendants to grant Plaintiffs 100 taxicab permits. On or about October 26, 2015, the MTC voted to approve the oral settlement agreement.

         On October 30, 2015, Plaintiffs and Defendants filed their "Joint Request for Removal from the Trial Docket/Continuance Pending Settlement[, ]" which read in relevant part as follows:

3. Plaintiff anticipates filing a Stipulation for Dismissal after Plaintiff's drivers' permits are activated.

         However, said filing did not include the written terms of the oral settlement.

         In December 2015, the MTC revised its "Director Rules" to include a requirement that all conditional vehicle permits be filed within 90 days or the allotted, but unused, permits would be forfeited.

         At some subsequent time after the oral agreement was reached and the MTC revised its "Director Rules, " supra, Plaintiffs filed a second CCN with the MTC in order that MTC would issue 100 permits to Plaintiffs. In February 2016, pursuant to the oral agreement, Defendants issued 100 permits to Plaintiffs. Plaintiffs, however, only filed 76 of the 100 permits within the 90 day time limit, thus forfeiting the other 24 permits. Upon the expiration of the 90 day period, Defendants notified Plaintiffs no additional permits would be granted.

         On or about May 9, 2016, Defendants filed their Motion to Enforce Settlement. Thereafter, Plaintiffs filed a Motion for Temporary Restraining Order, Preliminary Injunction and Permanent Injunction. The trial court conducted an evidentiary hearing on May 23, 2016 on the respective motions.

         The trial court entered its judgment granting Defendants' Motion to Enforce Settlement and denying Plaintiffs' Motion for Temporary Restraining Order, Preliminary Injunction and Permanent Injunction. The trial court found, based upon the evidence adduced during the evidentiary hearing, that "Plaintiffs were fully advised and aware that as holder of the CCN, pursuant to [the MTC] rules and regulations, Plaintiffs were required to ...


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