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WAIT v. FLORIDA POWER & LIGHT CO.

No. 52796.

372 So.2d 420 (1979)

B.W. WAIT, III, As Director of Utilities Commission, City of New Smyrna Beach, Florida, and Utilities Commission, City of New Smyrna Beach, Florida, Petitioners, v. FLORIDA POWER & LIGHT COMPANY, a Florida Corporation, Respondent.

Supreme Court of Florida.

Rehearing Denied June 21, 1979.

Attorney(s) appearing for the Case

John E. Chisholm, New Smyrna Beach, the Law Offices of Spiegel & McDiarmid, Washington, D.C., and Joseph C. Jacobs and J. Lawrence Johnston of Ervin, Varn, Jacobs, Odom & Kitchen, Tallahassee, for petitioners.

John E. Mathews, Jr. and Jack W. Shaw, Jr. of Mathews, Osborne, Ehrlich, McNatt, Gobelman & Cobb, and Marion R. Shepard, Jacksonville, and Matthew Childs of Steel, Hector & Davis, Miami, for respondent.

Parker D. Thomson and Franklin G. Burt of Paul & Thomson, Roy Wood, Miami, Hal Uhrig, Orlando, Thomas H. Connors, Royall P. Terry, Jr., Miami, for The Miami Herald Pub. Co. and The News-Press Pub. Co., Inc., amicus curiae.

ALDERMAN, Justice.

The City of New Smyrna Beach Utilities Commission and its director seek review of two issues decided by the First District Court of Appeal in Wait v. Florida Power & Light Co., 353 So.2d 1265 (Fla. 1st DCA 1978). The district court, in Wait, held that section 119.11(2), Florida Statutes (1975), which provides that the filing of a notice of appeal by a public agency does not operate as an automatic...

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