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FLORIDA POWER CORP. v. CITY OF WINTER PARK

Nos. 5D01-2470, 5D02-87.

827 So.2d 322 (2002)

FLORIDA POWER CORPORATION, Appellant, v. CITY OF WINTER PARK, Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

September 19, 2002.

Attorney(s) appearing for the Case

Sylvia H. Walbolt, Robert W. Pass, James Michael Walls, and Joseph H. Lang, Jr., of Carlton Fields, P.A., Tallahassee, and R. Alexander Glenn, Associate General Counsel, Progress Energy Service Co., LLC, St. Petersburg, for Appellant.

Gordon H. Harris, Thomas A. Cloud and Tracy A. Marshall, of Gray, Harris & Robinson, P.A., Orlando, for Appellee.

HARRIS, J.

This case involves an electrical system originally built by the City of Winter Park (appellee herein) and ultimately sold to the predecessor of Florida Power Corporation (appellant herein). That sales agreement and accompanying franchise agreement, as well as all subsequent franchise agreements, contained a "right to buy back" provision and a franchise fee negotiated by the parties, the most recent fee being 6% of gross receipts based on the sale of electricity...

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