H. MILLER & SONS, INC. v. HAWKINS

No. 52058.

373 So.2d 913 (1979)

H. MILLER & SONS, INC., Petitioner, v. Paula F. HAWKINS et al., Respondents.

Supreme Court of Florida.

July 27, 1979.


Attorney(s) appearing for the Case

John W. Costigan, of Madigan, Parker, Gatlin, Truett, Swedmark & Skelding, Tallahassee, for petitioner.

Leon F. Olmstead and Raymond E. Vesterby, Florida Public Service Commission, Tallahassee, and Stanley M. Danek, of Myers, Kaplan, Levinson, Kenin & Richards, Tallahassee, for Cooper City Utilities, Inc., respondents.


ADKINS, Justice.

This cause is before us on petition for writ of certiorari to the Public Service Commission. Art. V, § 3(b)(3), Fla. Const. At issue is whether the Commission can modify a private contract between a developer and a utility by increasing service availability charges after the developer has completed payment of the contractual amount for the increase in plant capacity necessitated by the proposed development...

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