Justia Florida Supreme Court Opinion Summaries

In 2008, the Florida Public Service Commission (PSC) granted the petitions for determination of need for new nuclear power plants proposed by Florida Power & Light company (FPL) and Progress Energy Florida (PEF). The PSC subsequently issued orders granting the utility companies' annual petitions for recovery of their associated preconstruction costs through customer rates. Southern Alliance for Clean Energy (SACE) opposed FPL and PEF's most recent cost recovery petitions, arguing that Fla. Stat. 366.93 unconstitutionally delegates legislative authority to the PSC and, alternatively, the PSC's order authorizing the utility companies to recover preconstruction costs was arbitrary and unsupported by competent, substantial evidence. The Supreme Court affirmed, holding that authorizing recovery of preconstruction costs through customer rates in order to promote utility company investment in new nuclear power plants, even though those plants might never be built, is a policy decision for the Legislature, not the Court. View "Alliance for Clean Energy v. Graham" on Justia Law

Petitioner, a company that processed perlite for horticultural and construction use, sued respondent alleging several counts for damages based on the claim that natural gas being supplied to petitioner was contaminated with debris that caused damage to petitioner's furnaces. Discovery and trial preparation were undertaken, during which time the parties engaged in numerous disagreements concerning discovery and other matters. Neither party filed a motion to have the case reset for trial and respondent subsequently filed a notice of lack of prosecution under Florida Rule of Civil Procedure 1.420(e), alleging that there had been no record activity for the prior ten months. At issue was the proper interpretation of rule 1.420(e), which provided for involuntary dismissal of court actions for lack of prosecution. The court held that the filing made by petitioner during the sixty-day grace period set forth in rule 1.420(e) met the rule's requirement for record activity and therefore, precluded dismissal for lack of prosecution. Accordingly, the court quashed the decision of the First District and approved the conflict cases certified by the First District. View "Chemrock Corp. v. Tampa Elec. Co., etc. " on Justia Law