ORLANDO UTILITIES v. ROSALIND HOLDING

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Docket Number

No. 75-1211.

Attorney(S)

Thomas B. Tart, of Gurney, Gurney Handley, P.A., Orlando, for appellant Orlando Utilities Commission. Robert L. Hamilton, Asst. City Atty., Orlando, for appellant City of Orlando. Richard W. Bates, of Richard W. Bates, P.A., Orlando, and Mateer Harbert, County Attys., for appellant Orange County. Charles E. Davis and Stephen P. Kanar, of Fishback, Davis, Dominick Simonet, Orlando, for appellees.

Judges

PER CURIAM.

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THE ORLANDO UTILITIES COMMISSION ET AL., APPELLANTS, v. ROSALIND HOLDING COMPANY, A FLORIDA CORPORATION, A MEMBER OF AND REPRESENTATIVE OF A CLASS COMPOSED OF ALL PERSONS WHO ARE CONSUMERS OF SERVICE INCLUDING SEWER, WATER AND ELECTRICITY FURNISHED BY THE ORLANDO UTILITIES COMMISSION, APPELLEES.

PER CURIAM.

This is an interlocutory appeal from (1) an order denying the defendant-appellants' motion to (a) dismiss appellee's amended complaint for failure to state a cause of action, and (b) strike various portions of that complaint and (2) an order denying defendant Orange County's motion for severance.

Appellee's amended complaint (which sought equitable relief), among other things, alleged that defendant Orlando Utilities Commission is charging all its consumers (including appellee) unreasonable rates. This allegation is sufficient to withstand appellants' motions to dismiss and to strike. We therefore affirm the first order on authority of the cases set forth at 10 Fla.Jur., Dismissal, etc., § 33, p. 544, note 42.

Appellant Orange County has not demonstrated any abuse of discretion in the court's ruling on its motion for severance. We therefore affirm the second order. See Compania Dominicana de Aviacion v. Knapp, Fla.App. 1971, 251 So.2d 18, 19.

AFFIRMED.

WALDEN, C.J., DOWNEY, J., and ANDREWS, JOHN S., Associate Judge, concur.

THE ORLANDO UTILITIES COMMISSION ET AL., APPELLANTS, v. ROSALIND HOLDING COMPANY, A FLORIDA CORPORATION, A MEMBER OF AND REPRESENTATIVE OF A CLASS COMPOSED OF ALL PERSONS WHO ARE CONSUMERS OF SERVICE INCLUDING SEWER, WATER AND ELECTRICITY FURNISHED BY THE ORLANDO UTILITIES COMMISSION, APPELLEES.

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