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CITY OF ORLANDO v. MSD-MATTIE, L.L.C.

No. 5D04-2098.

895 So.2d 1127 (2005)

CITY OF ORLANDO and Tampa Electric Company, Appellants, v. MSD-MATTIE, L.L.C., et al., Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied March 15, 2005.

Attorney(s) appearing for the Case

Thomas P. Callan, G. Robertson Dilg and Alison M. Yurko of Thomas P. Callan, P.A., Orlando, for Appellants.

Guyte P. McCord, III, of McCord, Bubsey & Ketchum, L.L.P., Tallahassee, and Bernard H. Gentry of Clark, Campbell & Mawhinney, P.A., Lakeland, for Appellees.

Grant Lacerte, Jr., Kissimmee, Amicus Curiae, Florida Municipal Electric Association.

TORPY, J.

In this case of first impression in Florida, we review de novo the lower court's Summary Judgment interpreting an easement in gross for overhead electric transmission lines as prohibiting the use of the easement for general telecommunication purposes.1 Appellants, as owners of the easement, urge that they should be permitted to lease the excess capacity on their fiber optic lines within the easement to telecommunications...

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