FLORIDA POWER CORP. v. SCUDDER

Nos. 76-1005 and 76-1036.

350 So.2d 106 (1977)

FLORIDA POWER CORPORATION, Appellant, v. Gilbert D. SCUDDER, L.M. Folsom and Pauline Folsom, His Wife, Appellees. L.M. FOLSOM and Pauline Folsom, His Wife, Appellants, v. Gilbert D. SCUDDER, et al., Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied October 21, 1977.


Attorney(s) appearing for the Case

C. Brent McCaghren of Winderweedle, Haines, Ward & Woodman, Winter Park, for Florida Power Corp.

Jack B. Nichols and R. Wayne Evans of Nichols & Tatich, Orlando, for Gilbert D. Scudder.

John H. Rhodes, Jr., Winter Garden, for L.M. Folsom and Pauline Folsom.


SCHEB, Judge.

The principal issue in these consolidated appeals is whether the trial court erred in awarding compensatory and punitive damages against a utility company, Florida Power Corporation (FPC), for placing its electric poles and lines across privately owned lands without permission of the owners. Additionally, we address challenges to the compensation awarded the servient owners for a statutory way of necessity...

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