Orlando Utilities Commission v. Rosalind Holding Co.

Florida District Courts of Appeal
Orlando Utilities Commission v. Rosalind Holding Co., 330 So. 2d 56 (1976)
1976 Fla. App. LEXIS 14105
Andrews, Downey, John, Walden

Orlando Utilities Commission v. Rosalind Holding Co.

Opinion of the Court

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.

*57AFFIRMED.

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

Reference

Full Case Name
The ORLANDO UTILITIES COMMISSION 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
Cited By
2 cases
Status
Published