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ORLANDO UTILITIES COM'N v. ROSALIND HOLDING CO.

No. 75-1211.

330 So.2d 56 (1976)

The ORLANDO UTILITIES COMMISSION et al., Appellants, v. ROSALIND HOLDING COMPANY, a Florida Corporation, a Member of and Representative of a Class Composed of All Persons Who Are Consumers of Service Including Sewer, Water and Electricity Furnished by the Orlando Utilities Commission, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 26, 1976.

Attorney(s) appearing for the Case

Thomas B. Tart, of Gurney, Gurney & Handley, P.A., Orlando, for appellant Orlando Utilities Commission.

Robert L. Hamilton, Asst. City Atty., Orlando, for appellant City of Orlando.

Richard W. Bates, of Richard W. Bates, P.A., Orlando, and Mateer & Harbert, County Attys., for appellant Orange County.

Charles E. Davis and Stephen P. Kanar, of Fishback, Davis, Dominick & Simonet, Orlando, for appellees.

PER CURIAM.

This is an interlocutory appeal from (1) an order denying the defendant-appellants' motion to (a) dismiss appellee's amended complaint for failure to state a cause of action, and (b) strike various portions of that complaint and (2) an order denying defendant Orange County's motion for severance.

Appellee's amended complaint (which sought equitable relief), among other things, alleged that defendant Orlando Utilities Commission is charging all...

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