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FL. POWER & LIGHT CO. v. RUSSELL ENGINEERING

No. 4D10-1380.

96 So.3d 1016 (2012)

FLORIDA POWER & LIGHT COMPANY, Appellant, v. RUSSELL ENGINEERING, INC., Miller Legg & Associates, Inc., and Bellsouth Telecommunications, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied September 25, 2012.

Attorney(s) appearing for the Case

Michele I. Nelson of Paxton & Smith P.A., West Palm Beach, and Cheryl Kempf , Florida Power & Light Company, Juno Beach, for appellant.

Y. Lisa Colon Heron of Smith Currie & Hancock, LLP, Fort Lauderdale, and F. Alan Cummings and Christopher R. Conley of Smith Currie & Hancock, LLP, Tallahassee, for appellee Russell Engineering, Inc.

GERBER, J.

In this case involving underground utilities interfering with a county road expansion project, the utility company appeals from the circuit court's final judgment awarding damages to the county's contractor for the costs incurred to avoid the interference. The utility company argues that sections 337.403 and 337.404, Florida Statutes (1999), provide the exclusive remedy for such interference situations, and the county failed to pursue that remedy. We disagree...

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