C.A. REGISTER, Appellant,
v.
Thomas C. PIERCE and Hvide Shipping Incorporated, Appellees.
District Court of Appeal of Florida, First District.
*991 Al Millar, P.A., Jacksonville, for appellant.
Nolan S. Winn of Webb, Swain & O'Quinn, P.A., Jacksonville, for appellees.
ZEHMER, Judge.
C.A. Register appeals the lower court's dismissal of his second amended complaint on the ground that it fails to state a cause of action for either declaratory or injunctive relief. Finding no error, we affirm.
The pertinent facts, as alleged, are as follows:
Appellant, Register, is a bar pilot licensed to pilot all classes of vessels utilizing the Port of Jacksonville. Appellee Hvide Shipping, Inc. (Hvide) owns several vessels that regularly utilize this port and, pursuant to chapter 310, Florida Statutes, is required to use a licensed bar pilot upon port entry and departure.[1] Appellee Thomas Pierce (Pierce) is a vessel master employed by Hvide.
The Board of Pilot Commissioners for the state of Florida (the Board) determined that twelve licensed bar pilots and one deputy pilot are required to safely and efficiently handle the port of Jacksonville navigation. Thereafter, twelve licensed bar pilots, operating as twelve independent contractors, joined together and formed the St. Johns Pilot Association (the Association), an unincorporated business association, for the purpose of maintaining a pilot duty station. Six of the Association's pilots are on round-the-clock duty for a two-week period while the remaining six pilots are off duty. Assignments to on-duty pilots are chronologically rotated with the pilot dispatcher assigning pilots to vessels in the order in which the pilot requests are received from the vessels. While this system insures that each pilot is afforded the maximum possible rest between assignments, it precludes predetermination of which pilot will be assigned to a particular vessel.
On several occasions prior to and including March 10, 1984, Register was assigned to pilot a vessel owned by Hvide and under the command of Pierce. Register's navigational duties required that he direct navigational commands to Pierce, which Pierce was to relay to the vessel's quartermaster. Register observed Pierce relaying commands different from those directed to him and, concerned that the erroneous orders were affecting the safety of the operation, advised Pierce to relay the same orders received.
On or about March 15, 1984, Pierce sent a letter to Hvide accusing Register of incompetence and requesting that Hvide prevent future assignments of Register to his vessel. On March 21, 1984, Hvide notified the Association that it would no longer permit Register to pilot any of its vessels. The Association responded to Hvide that the designation or refusal of a particular pilot would create a hardship on all the pilots and would affect the operation of the duty station.
*992 Hvide filed a complaint against Register with the Board of Pilot Commissioners requesting that the Board prevent Register from piloting its vessels. The Board referred the letter to the office of the Attorney General, who responded that the Board has no authority to instruct either Register or the Association to comply with Hvide's request. The Attorney General's memorandum states that the Board may properly restrict a pilot's activities upon a conclusion of negligence, misconduct, or incompetence, but such can be accomplished only as a result of the filing of an administrative complaint to discipline the licensee and a finding of guilt on the charges contained in that complaint.
On June 12, 1987, Register filed the second amended complaint, which is the subject of this appeal. The complaint requests declaratory relief on the ground that Register is in doubt as to whether (1) in the absence of disciplinary action pursuant to section 310.101, Florida Statutes (1987), Hvide or any other vessel owner can refuse to accept the services of a licensed bar pilot, and (2) the designation or refusal of a particular bar pilot affects the efficiency and safety of piloting operations in the state's navigable waters. The complaint additionally requests that damages be awarded and that appellees be enjoined from continuing to refuse to allow Register to board and pilot their vessels on the ground that appellees' actions amount to willful, malicious, and intentional interference with Register and the other eleven association pilots' business relationship.
Pursuant to appellees' motion, the court dismissed this complaint on the ground that it failed to state a cause of action and granted Register one final opportunity to file an amended complaint. Register elected to stand on the sufficiency of the second amended complaint, and filed this appeal.
We first address Register's request for a declaratory judgment
declaring that the safety and efficiency of piloting operations in the State of Florida is entrusted to the Board of Pilot Commissioners and that the Defendant, HVIDE, may not refuse the services of any licensed pilot on the grounds of alleged incompetence unless and until the Board of Pilot Commissioners has so determined pursuant to the provisions of Florida Statute, Section 310.101.
A dispute giving rise to a declaratory judgment proceeding must be based upon some definite and concrete assertion of right the contest of which involves the legal or equitable relations of the parties. Colby v. Colby,
We are unable to discern from the amended complaint any allegation of fact or law tending to show that Register has an enforceable right that would be affected were he to succeed in obtaining the requested declaration. Register has alleged no facts showing that he has an enforceable right to provide piloting services to appellees. He asserts that he is in doubt as to whether, under Chapter 310, Florida Statutes, appellees can refuse to accept his services when offered; but nothing in the cited chapter purports to give bar pilots a vested right to any particular employment; that is, the right to compel any ship owner to accept any particular pilot against its will, or to obligate such pilots to accept any particular employment. In short, Register has not alleged any basis for even a colorable right to compel Hvide or Captain Pierce to accept him as a pilot over their objections, any more than Hvide could compel Register to serve on its ship over his objections.
Register further asserts that he is in doubt as to whether a ship owner's designation or refusal of a specific pilot's services affects the efficiency and safety of piloting operations. Once again, however, the amended complaint fails to allege that Register has even a colorable right, personal to him, to compel his employment in the *993 interest of efficiency and safety of piloting operations. The Declaratory Judgment Act does not give courts jurisdiction to entertain declaratory judgment actions where the plaintiff is merely seeking an answer to satisfy his curiosity. Bryant v. Gray,
The nature of the action Register attempted to allege in count II of the subject complaint is somewhat confused. This count alleges that it is an action for damages and injunctive relief, recites that appellees have intentionally and maliciously interfered with Register's business relationship with the other bar pilots, and prays that the court enjoin appellees from refusing to allow him to board and pilot their vessels. Regardless of whether Register is by this count seeking damages for the tort of intentional interference with a business relationship, or merely requesting an injunction, or both, the complaint does not contain sufficient allegations to support either cause of action. For an injunction to be granted, the requesting party must have a clear legal right, free from reasonable doubt. Dania Jai Alai v. Murua,
To plead a prima facie case of tortious interference with a business relationship, a plaintiff must establish: (1) that a business relationship existed, not necessarily evidenced by an enforceable contract; (2) that the defendant knew of the relationship; (3) that the defendant intentionally and unjustifiably interfered with the relationship; and (4) that plaintiff suffered damages as a result of the breach of the relationship. Tamiami Trail Tours, Inc. v. Cotton,
The lower court correctly concluded that the amended complaint failed to allege a cause of action.
AFFIRMED.
SHIVERS and THOMPSON, JJ., concur.
NOTES
Notes
[1] Section 310.141, Fla. Stat. (1987). Piloting a vessel without a license is a misdemeanor and subjects the vessel or its owner to paying double the pilotage rates otherwise applicable. Section 310.161, Fla. Stat. (1987).