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

• Court: Court of Appeal of Florida (US)
• Writing for the Court: PER CURIAM
• Citation: 385 So.2d 1050
• Parties: GENERAL 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
• Decision Date: 10 June 1980
• Docket Number: Nos. SS-429,SS-431

Page 1050

385 So.2d 1050 GENERAL 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. Nos. SS-429 to SS-431. District Court of Appeal of Florida, First District. June 10, 1980.

Page 1051

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notice of appeal, PSC argues that the issues presented by this appeal are moot because the two proposed rules have been withdrawn by PSC pursuant to the mandates of Section 120.54(4)(c), Florida Statutes.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...