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FLORIDA POWER CORP. v. TOWN OF BELLEAIR

No. 2D01-5717.

830 So.2d 852 (2002)

FLORIDA POWER CORPORATION, a Florida corporation, Appellant, v. TOWN OF BELLEAIR, a Florida municipal corporation, Appellee.

District Court of Appeal of Florida, Second District.

August 30, 2002.

Attorney(s) appearing for the Case

Sylvia H. Walbolt, Robert W. Pass, James Michael Walls, Joseph H. Lang, and Robert E. Biasotti of Carlton Fields, P.A., St. Petersburg, and R. Alexander Glenn, St. Petersburg, for Appellant.

Lee Wm. Atkinson of Tew, Barnes & Atkinson, L.L.P., Clearwater, for Appellee.

FULMER, Judge.

Florida Power Corporation (FPC) challenges the partial summary judgment and temporary injunction entered in favor of the Town of Belleair (Belleair). We affirm the partial summary judgment and reverse the temporary injunction.

FPC has been the sole supplier of electric service within the town limits of Belleair since 1971 pursuant to Ordinance 119, which granted FPC a franchise for thirty years. The franchise agreement required FPC to pay a...

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