CITY OF TALLAHASSEE, A MUNICIPAL CORPORATION CREATED AND EXISTING UNDER THE LAWS OF THE STATE OF FLORIDA, APPELLANT,
v.
TALQUIN ELECTRIC COOPERATIVE, INC., A RURAL ELECTRIC COOPERATIVE CREATED AND EXISTING UNDER THE LAWS OF THE STATE OF FLORIDA, APPELLEE
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The Florida District Court of Appeal affirmed the trial court's grant of a temporary mutual injunction requiring the City of Tallahassee and Talquin Electric Cooperative to comply with a 1973 court-approved agreement and seek amicable resolution, holding that the circuit court had jurisdiction under Florida Statutes Section 86.061 to grant injunctive relief despite potential Public Service Commission involvement in territorial disputes.
The circuit court had jurisdiction under Section 86.061, Florida Statutes to grant a temporary mutual injunction requiring the parties to comply with a 1973 court-approved agreement.
[1] A circuit court has jurisdiction under Florida Statutes Section 86.061 to grant injunctive relief requiring parties to comply with a court-approved agreement, even when t…
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Join FLexlaw to unlock all legal intelligenceThe City of Tallahassee and Talquin Electric Cooperative, Inc., a rural electric cooperative, were parties to an October 30, 1973 court-approved agree…
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WIGGINTON, Judge.
Appellant, City of Tallahassee, appeals an order granting appellee’s motion for a temporary mutual injunction enjoining the parties from departing from the terms and conditions of an October 30, 1973 court-approved agreement and directing them to attempt amicable resolution of their differences. We affirm.
After careful consideration of each of the arguments asserted and the authorities cited by the parties, we find as follows: The trial court had jurisdiction under Section 86.061, Florida Statutes to adjudicate the request for injunctive relief; the record contains an evidentiary foundation to support the injunction; Talquin’s motion was adequately pled; and the appealed order is sufficiently specific.
We recognize that, pursuant to Section 366.04, Florida Statutes, any territorial disputes that may arise in this case should be resolved by the Public Service Commission. However, the circuit court has jurisdiction and the authority to determine what issues the instant suit involves and to defer to the Public Service Commission as necessary. Therefore, we affirm the trial court’s order granting appellee Talquin’s motion for in-junctive relief.
For the reasons discussed above, the City’s motion for notice of lack of subject matter jurisdiction is denied.
Affirmed.
SHIVERS, C.J., and WENTWORTH, J., concur.