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FL. POWER AND LIGHT v. CITY OF SOUTH DAYTONA

No. 5D11-2573.

93 So.3d 1234 (2012)

FLORIDA POWER AND LIGHT COMPANY, Appellant/Cross-Appellee, v. CITY OF SOUTH DAYTONA, Florida, etc., Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fifth District.

August 10, 2012.

Attorney(s) appearing for the Case

Raul B. Manon and Alvin B. Davis of Squire Sanders & Dempsey (US) LLP, Miami, for Appellant/Cross-Appellee.

David A. Vukelja and Jarett A. de Paula , of David A. Vukelja, P. A., and Scott E. Simpson , of Scott E. Simpson, P. A., Ormond Beach, for Appellee/Cross-Appellant.

EVANDER, J.

Florida Power and Light (FPL) appeals, and the City of South Daytona (City) cross-appeals, from an amended declaratory judgment. We affirm in part and reverse in part.

In 1978, FPL and the City entered into a franchise agreement, whereby the City granted FPL the right to place its electric facilities within the City for the purpose of supplying electricity within the City for a period of thirty (30) years. In return, FPL paid a monthly franchise...

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