Florida District Courts of Appeal, 1991

Class of Owners & Tenants v. Florida Power & Light Co.

Class of Owners & Tenants v. Florida Power & Light Co.
Florida District Courts of Appeal · Decided February 20, 1991 · Anstead, Fennelly, John, Stone
576 So. 2d 754; 1991 Fla. App. LEXIS 1262; 1991 WL 18240 (Southern Reporter, Second Series)

Class of Owners & Tenants v. Florida Power & Light Co.

Opinion of the Court

PER CURIAM.

We find no error in the dismissal of appellant’s claims for any damage caused by a loss of power and interruption of electric service. Such damages are clearly barred by the applicable Florida Power & Light tariff. Landrum v. Florida Power & Light Co., 505 So.2d 552 (Fla. 3d DCA), rev. denied, 513 So.2d 1061 (1987). However, the final judgment is reversed to the limited extent that the plaintiff seeks recovery for physical property damage, if any, directly caused by the fire and/or smoke itself. We remand for further proceedings consistent with this opinion.

ANSTEAD and STONE, JJ., and FENNELLY, JOHN E., Associate Judge, concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.