Citizens of State of Florida v. Florida Public Service Com'n

• Decision Date: 10 January 1985
• Docket Number: No. 64680,64680
• Parties: 10 Fla. L. Weekly 49 CITIZENS OF the STATE OF FLORIDA, Petitioner, v. FLORIDA PUBLIC SERVICE COMMISSION, Jacksonville Suburban Utilities Corporation and Southern Utilities Company, Respondents.
• Court: Florida Supreme Court

Page 1357

461 So.2d 1357

10 Fla. L. Weekly 49

CITIZENS OF the STATE OF FLORIDA, Petitioner, v. FLORIDA PUBLIC SERVICE COMMISSION, Jacksonville Suburban Utilities Corporation and Southern Utilities Company, Respondents.

No. 64680.

Supreme Court of Florida.

Jan. 10, 1985.

Jack Shreve, Public Counsel and Stephen Burgess, Associate Public Counsel, Office of the Public Counsel, Tallahassee, and Alan C. Sundberg of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, Tallahassee, for petitioner.

William S. Bilenky, Gen. Counsel, Susan F. Clark, Deputy Gen. Counsel and William H. Harrold, Associate Gen. Counsel, for Florida Public Service Com'n, Tallahassee.

James L. Ade, William A. Van Nortwick, Jr., and Michael A. Candeto of Martin, Ade, Birchfield & Johnson, Jacksonville, for Jacksonville Suburban Utilities Corp. and Southern Utilities Co., respondents.

ALDERMAN, Justice.

We originally accepted jurisdiction in this cause, reported below as Citizens v. Florida Public Service Commission, 440 So.2d 371 (Fla. 1st DCA 1983), on the basis of conflict with Citizens v. Hawkins, 364 So.2d 723 (Fla.1978). After hearing oral argument, however, we find no express and direct conflict between these cases and, consequently, no basis for this Court to accept jurisdiction in this cause. The petition for review is denied. No motion for rehearing will be entertained by the Court.

It is so ordered.

BOYD, C.J., and OVERTON, McDONALD, EHRLICH and SHAW, JJ., concur.

ADKINS, J., dissents.