PHYLLIS COLE, PERSONALLY, AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED IN THE STATE OF FLORIDA, TO-WIT, ALL CUSTOMERS OF SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY IN THE STATE OF FLORIDA, APPELLANTS,
v.
SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY, A NEW YORK CORPORATION DOING BUSINESS IN FLORIDA; WILLIAM T. MAYO, CHAIRMAN OF THE FLORIDA PUBLIC SERVICE COMMISSION, AN AGENCY OF THE STATE OF FLORIDA, AND INDIVIDUALLY; JERRY W. CARTER, AS MEMBER OF THE FLORIDA PUBLIC SERVICE COMMISSION, AN AGENCY OF THE STATE OF FLORIDA, AND INDIVIDUALLY; AND EDWIN L. MASON, AS A MEMBER OF THE FLORIDA PUBLIC SERVICE COMMISSION, AN AGENCY OF THE STATE OF FLORIDA, AND INDIVIDUALLY, APPELLEES
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The court held that the trial court correctly dismissed the action for lack of jurisdiction due to the case not being ripe and administrative remedies not being exhausted.
Appellant, a class plaintiff, challenged telephone rates fixed by the Public Service Commission. The trial court dismissed the action.…
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Appellant, an alleged class plaintiff in the trial court, seeks review of a final judgment dismissing her action contesting certain telephone rates fixed by the Public Service Commission. Said final judgment, in part, found that the trial court was without jurisdiction because the plaintiff’s action was “not ripe, as a matter of policy, for judicial determination, and that justice requires the application of the principles of prior resort and exhaustion of administrative remedies,”. We affirm. Odham v. Foremost Dairies, Inc., Fla.1961, 128 So.2d 586; Florida State Board of Medical Examiners v. James, Fla.App.1963, 158 So.2d 574; Far East Conference v. United States, 342 U.S. 570, 72 S.Ct. 492, 96 L.Ed. 576; 1 Fla.Jur., Administrative Law, § 234; 2 Am.Jur.2d, Administrative Law, §§ 788, 789, 795.
Said affirmance is without prejudice to the plaintiff1 instituting such action as she might have for any illegally collected rate. Natural Gas Co. of West Virginia v. Sommerville, 113 W.Va. 100, 166 S.E. 852; Charleston Apartments Corporation v. Appalachian Electric Power Co., 118 W.Va. 694, 192 S.E. 294.
Affirmed, as modified.
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State v. Falls Chase Special Taxing Dist., 424 So. 2d 787 (Fla. 1st DCA 1982)…t. den., 188 So. 2d 313 (Fla.1966); Tampa Port Authority v. Deen, 179 So. 2d 416 (Fla. 2d DCA 1965); Pest Control Commission of Florida v. Ace Pest Control, Inc., 214 So. 2d 892 (Fla. 1st DCA 1968); Cole v. Southern Bell Telephone and Telegraph Co., 221 So. 2d 200 (Fla. 3d DCA 1969); Pushkin v. Lombard, 279 So. 2d 79 (Fla. 3d DCA 1973), cert. den., 284 So. 2d 396 (Fla.1973); Duval County School Board v. Armstrong, 336 So. 2d 1219 (Fla. 1st DCA 1976), cert. den., 345 So. 2d 420 (Fla.1977); School Board of Leon…
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Mobile Am. Corp., Inc. v. S. Bell Tel. & Tel. Co., 282 So. 2d 181 (Fla. 1st DCA 1973)…ayed the plaintiff’s action, pending the exercise of the Commission’s primary jurisdiction. We do not find that primary jurisdiction in a tort action rests in the Commission. In the recent case of Cole v. Southern Bell Telephone & Telegraph Company, 221 So. 2d 200, 201 (Fla.App.3rd, 1969)., which case is cited by appellee as support for the petition for rehearing, the Third District Court, in affirming the trial court’s order dismissing the class party complaint, added: “ . . . said affirmance is without prej…
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Mobile Am. Corp., Inc. v. S. Bell Tel. & Tel. Co., 37 Fla. Supp. 36 (Duval Cty. Cir. Ct. 1972)…2d 89 (Fla., 1950) at headnote (1); Julington Creek Marina v. Southern Bell Telephone and Telegraph Company, 35 Fla. Supp. 183 (Cir. Ct. Duval County, Fla., 1971); and Cole v. Southern Bell Telephone and Telegraph Company, 31 Fla. Supp. 100, aff’d, 221 So. 2d 200 (3rd DCA Fla., 1969), wherein the plaintiff attempted to challenge certain commission procedures and the court dismissed the case, relegating the issue to the commission. See also, Orange City Water Company v. Town of Orange City, 255 So. 2d 257 (Fl…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- FAR East Conference v. United States, 342 U.S. 570 (U.S. 1952)
- Odham v. Foremost Dairies, Inc., 128 So. 2d 586 (Fla. 1961)
- Fla. State Bd. OF Med. Exam'rs v. Charles Clarence James, Jr., M.D., 158 So. 2d 574 (Fla. 3d DCA 1963)