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SMALLEY v. DUKE ENERGY FLORIDA, INC.

No. 2D13-4746.

154 So.3d 439 (2014)

Jeannette M. SMALLEY, Loren Lee Wieland, Stacee Peltz, and Kyle Peltz, for themselves and on behalf of a class of all others similarly situated, Appellants, v. DUKE ENERGY FLORIDA, INC., a Florida corporation, formerly Florida Power Corp., d/b/a Progressive Energy Florida, Inc., and Florida Power & Light Co., Appellees.

District Court of Appeal of Florida, Second District.

December 31, 2014.

Attorney(s) appearing for the Case

Frank B. Arenas , Coleman, and Alberto E. Lugo-Janer , Windermere, for Appellants.

Stephen H. Grimes , D. Bruce May, Jr. , Elizabeth L. Bevington , and Kevin W. Cox of Holland & Knight, LLP, Tallahassee, for Appellees.

The appellants, customers of Duke Energy Florida, Inc., and Florida Power & Light Company (the Utilities), brought suit against the Utilities challenging the constitutionality of sections 366.93 and 403.519, Florida Statutes (2012), and seeking a refund of monies paid under the statutes. They appeal from the trial

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