MICHAEL J. SCHNAEDELBACH, ETC., ET AL., PETITIONERS,
v.
ALVIN F. FRAZIER, ET AL., RESPONDENTS
MICHAEL J. SCHNAEDELBACH, ETC., ET AL., PETITIONERS,
ALVIN F. FRAZIER, ET AL., RESPONDENTS
413 So. 2d 1187
Florida Supreme Court (1982)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
On the basis of Joseph v. Quest, 414 So. 2d 1063, (Fla.1982), Frazier v. Schnaedelbach, 394 So. 2d 562 (Fla. 3d DCA 1981), is quashed and remanded for proceedings consistent with that decision.
It is so ordered.
SUNDBERG, C. J., and ADKINS, OVER-TON and MeDONALD, JJ., concur. BOYD and ALDERMAN, JJ., dissent.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Frazier v. Schnaedelbach, 415 So. 2d 835 (Fla. 3d DCA 1982)…reversed and remanded the order of the Circuit Court of Dade County, Florida, in the above styled cause; and WHEREAS, on review of this court’s judgment, by certiorari, the Supreme Court of Florida by its opinion and judgment filed April 29, 1982, 413 So. 2d 1187 and mandate now lodged in this court, quashed this court’s judgment. NOW THEREFORE, It is Ordered that the mandate of this court heretofore issued on March 19, 1981 is withdrawn, the judgment of this court filed March 3, 1981 is vacated, the said…
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Rolling Oaks Utils., Inc. v. Fla. Pub. Serv. Comm'n, 533 So. 2d 770 (Fla. 1st DCA 1988)…also Gulf Power Company v. Florida Public Service Commission, 453 So. 2d 799, 805 (Fla.1984); Florida Retail Federation v. Mayo, 331 So. 2d at 312. In a situation somewhat akin to that existing in this case, in Florida Power Corporation v. Cresse, 413 So. 2d 1187 (Fla. 1982), the court noted that the utility bears the burden to justify the reasonableness of its purchases for operation of plant. In Cresse, as in the instant case, the record reflected conflicting evidence on the point at issue. The court held…
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Fla. Pub. Serv. Comm'n & Citizens of the State of Fla. v. Fla. Waterworks Ass'n & Fla. Water Servs. Corp., 731 So. 2d 836 (Fla. 1st DCA 1999)…he evidence dictates. The burden of proof in ratemaking cases in which a utility seeks an increase in rates rests on the utility. See South Fla. Natural Gas Co. v. Florida Pub. Serv. Comm’n, 534 So. 2d 695 (Fla.1988); Florida Power Corp. v. Cresse, 413 So. 2d 1187, 1191 (Fla.1982); Sunshine Utils, v. Florida Pub. Serv. Comm’n, 577 So. 2d 663, 666 (Fla. 1st DCA 1991). By relieving the utility of its burden of proof as to an initial eighteen-month period, the proposed rule would lessen the utility’s burden.2 Th…
Authorities Cited
- Joseph v. Quest, 414 So. 2d 1063 (Fla. 1982)
- DE LA Guera v. State, 394 So. 2d 562 (Fla. 3d DCA 1981)
- Frazier v. Schnaedelbach, 394 So. 2d 562 (Fla. 3d DCA 1981)