MARTINEZ v. FLORIDA POWER & LIGHT COMPANY

No. SC01-1505.

863 So.2d 1204 (2003)

Ivan MARTINEZ, etc., et al., Petitioners, v. FLORIDA POWER & LIGHT COMPANY, Respondent.

Supreme Court of Florida.

December 18, 2003.


Attorney(s) appearing for the Case

Stewart G. Greenberg, P.A., Miami, Elizabeth K. Russo of Russo Appellate Firm, Miami, FL; and Dennis R. Schutt of Schutt Humphries, Jacksonville, FL, for Petitioners.

Robert Boan, FPL Law Department, Miami, Mark Hicks and Ralph O. Anderson of Hicks, Anderson & Kneale, P.A., Miami, FL, for Respondent.

Charles T. Wiggins and R. Andrew Kent of Beggs & Lane, LLP, Pensacola, FL, for Gulf Power Company, Amicus Curiae.

Joel D. Eaton of Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin & Perwin, P.A., Miami, FL, for the Academy of Florida Trial Lawyers, Amicus Curiae.

Timothy C. Conley and David W. McCreadie of Lau, Lane, Pieper, Conley & McCreadie, P.A., Tampa, FL, for Tampa Electric Company and Edison Electric Institute, Amici Curiae.


SHAW, Senior Justice.

We have for review Martinez v. Florida Power & Light Co., 785 So.2d 1251 (Fla. 3d DCA 2001) (hereinafter "Martinez"), which expressly and directly conflicts with Clay Electric Cooperative, Inc. v. Johnson, Nos. SC01-1955 & SC01-1956, ___ So.2d ___, 2003 WL 22966277(Fla. Dec. 18, 2003) (hereinafter "Clay Electric"). We have jurisdiction. See art. V, § 3(b)(3),...

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