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SOUTHERN GULF UTILITIES, INC. v. CITY OF ORMOND BEACH

Nos. DD-111, DD-120.

339 So.2d 1158 (1976)

SOUTHERN GULF UTILITIES, INC., a Florida Corporation, Petitioner, v. CITY OF ORMOND BEACH, Florida, a Municipal Corporation, Respondent. SOUTHERN GULF UTILITIES, INC., a Florida Corporation, Appellant, v. CITY OF ORMOND BEACH, Florida, a Municipal Corporation, Appellee.

District Court of Appeal of Florida, First District.

December 9, 1976.

Attorney(s) appearing for the Case

David A. Burt and William E. Sherman of Landis, Graham, French, Husfeld, Sherman & Ford, DeLand, for petitioner-appellant.

Henry P. Duffett of Duffett, Barry, Seps, Akers & Burnett, Ormond Beach, and Stanley M. Danek, Tallahassee, for respondent-appellee.

PER CURIAM.

The order entered July 29, 1976, directing disbursement to the City of registry funds in controversy is REVERSED for the reason it was entered without an evidentiary hearing as requested by Southern Gulf Utilities, Inc., petitioner and appellant. The case is REMANDED for a hearing, for determination of the amount of the registry funds which Southern Gulf reasonably contends may represent excessive charges, and for disbursement to the City of the balance...

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