Tuesday, October 19, 1999
Florida Public
Service
Commission v.
David H.
Hutchinson
No. 95,653
Place of Origin: Palm
Beach County
Facts
Hutchinson obtained an "800" number from a long-distance phone
service provider that spelled out "1-800-DAYS-INN." A dispute arose
between Hutchinson and the provider over costs of the service, and
Hutchinson's service was discontinued. The provider says Hutchinson
discontinued the service voluntarily, but Hutchinson says he only agreed
to discontinue it temporarily while they worked out their differences over
the phone charges. Ultimately, the "1-800-DAYS-INN" number was
reassigned to Days Inn of America, Inc. Hutchinson sued the provider in
Palm Beach County Circuit Court. Shortly before trial was set to begin in
May 1999, the Florida Public Service Commission tried to intervene in the
case. The trial court refused permission. The PSC then petitioned the
Supreme Court.