General Development Utilities Inc. v. Florida Public Service Commission, Division of Administrative Hearings, s. SS-429

Decision Date10 June 1980
Docket NumberNos. SS-429,SS-431,s. SS-429
Citation385 So.2d 1050
PartiesGENERAL DEVELOPMENT UTILITIES INC. et al., Appellants, v. FLORIDA PUBLIC SERVICE COMMISSION, DIVISION OF ADMINISTRATIVE HEARINGS, Appellee. FLORIDA CITIES WATER COMPANY et al., Appellants, v. FLORIDA PUBLIC SERVICE COMMISSION, DIVISION OF ADMINISTRATIVE HEARINGS, Appellee. FLORIDA WATERWORKS ASSOCIATION et al., Appellants, v. FLORIDA PUBLIC SERVICE COMMISSION, DIVISION OF ADMINISTRATIVE HEARINGS, Appellee. to
CourtFlorida District Court of Appeals

Gary P. Sams, of Hopping, Boyd, Green & Sams, Tallahassee, for appellants General Development Utilities, Inc., et al.

B. Kenneth Gatlin, John W. Costigan, Ross A. McVoy, and Ben E. Girtman, of Madigan, Parker, Gatlin, Swedmark & Skelding, Tallahassee, for appellants Florida Cities Water Company, et al.

R. M. C. Rose, of Myers, Kaplan, Levinson, Kenin & Richards, Tallahassee, for appellants Florida Waterworks Association, et al.

Leon F. Olmstead, Staff Counsel, Marta M. Crowley, Staff Counsel and Prentice P. Pruitt, Legal Director, for appellee Florida Public Service Commission, Division of Administrative Hearings.

ON MOTION TO DISMISS NOTICE OF APPEAL

PER CURIAM.

Appellants, the Florida Waterworks Association and other water and sewer utilities, seek review of an order of a hearing officer of the Division of Administrative Hearings, Department of Administration (DOAH), holding that two proposed rules of the Public Service Commission (PSC) constitute an invalid exercise of delegated legislative authority because of an inadequate economic impact statement.

By motion to dismiss the notice of appeal, PSC argues that the issues presented by this appeal are moot because the two proposed rules have been withdrawn by PSC pursuant to the mandates of Section 120.54(4)(c), Florida Statutes. 1 In their response Appellants argue that, although they prevailed on the ground of the inadequacy of the economic impact statement, review of the hearing officer's adverse rulings on their other statutory and constitutional arguments remains necessary. Appellants' express concern and reason for seeking review is that, if PSC reproposes the same rules with a revised economic impact statement, they may be precluded from relitigating these other statutory and constitutional arguments due to the doctrines of res judicata or collateral estoppel.

It is a long standing rule that a judgment or decree wholly in favor of a party may not be appealed by him, for he is not aggrieved thereby. North Shore Bank v. Surfside, 72 So.2d 659 (Fla.1954). In such an instance the...

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6 cases
  • Department of Health and Rehabilitative Services v. Wright
    • United States
    • Florida District Court of Appeals
    • October 11, 1983
    ...rule. See Division of Workers' Compensation v. McKee, 413 So.2d 805 (Fla. 1st DCA 1982); General Development Utilities Inc. v. Florida Public Service Commission, 385 So.2d 1050 (Fla. 1st DCA 1980). For this Court gratuitously to consider and rule upon the merits of the department's authorit......
  • Dept. of Health v. Fresenius Medical Care, 1D05-4144.
    • United States
    • Florida District Court of Appeals
    • August 15, 2006
    ...in administrative law case, the outcome of which was favorable to appellant); Gen. Dev. Utils., Inc. v. Fla. Pub. Serv. Comm'n, Div. of Admin. Hearings, 385 So.2d 1050, 1051 (Fla. 1st DCA 1980)(dismissing appeal based on long-standing rule that judgment or decree wholly in favor of a party ......
  • Westchester General Hosp. v. State, Dept. of Health & Rehabilitative Services, s. TT-222
    • United States
    • Florida District Court of Appeals
    • March 22, 1982
    ...rules were otherwise invalid are not ripe for our consideration. See General Development Utilities, Inc. v. Florida Public Service Commission, Division of Administrative Hearings, 385 So.2d 1050 (Fla. 1st DCA 1980). ERVIN and SHAW, JJ., concur. McCORD, J., dissenting. McCORD, Judge, dissent......
  • Dep't of Revenue ex rel. Marquez v. Lopez, 1D17-5381
    • United States
    • Florida District Court of Appeals
    • August 1, 2018
    ...ruling at the behest of the party in whose favor the administrative law judge ruled); Gen. Dev. Utils., Inc. v. Fla. Pub. Serv. Comm'n, Div. of Admin. Hearings , 385 So.2d 1050, 1051 (Fla. 1st DCA 1980) ("It is a long standing rule that a judgment or decree wholly in favor of a party may no......
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