SOUTHERN GULF UTILITIES, A DIVISION OF ECOLOGICAL SCIENCE CORPORATION, APPELLANT,
v.
WILLIAM T. MAYO, JESS YARBOROUGH, AND JERRY W. CARTER, AS AND CONSTITUTING THE PUBLIC SERVICE COMMISSION OF FLORIDA, THE CITY OF ORMOND BEACH, FLORIDA, A MUNICIPAL CORPORATION, AND RIVERBREEZE ESTATES, INC., APPELLEES
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Southern Gulf Utilities sought reversal of an interlocutory order dismissing the City of Ormond Beach as a party defendant on venue grounds in a declaratory judgment action challenging the constitutionality of a water rate increase ordinance and a state statute. The court affirmed the dismissal, holding that the city was not a necessary or proper party to the action.
The court held that the city was not a necessary or proper party to appellant's action, the motion to dismiss was properly granted, and the interlocutory appeal was dismissed. The court rejected appellant's argument that Rule 1.060 required transfer of the claim against the city to Volusia County.
“the appellee city was not a necessary or proper party to appellant's action against the appellee city”
The trial court's express holding that formed the basis for dismissing the city as a defendant.
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Join FLexlaw to unlock all legal intelligenceAppellant Southern Gulf Utilities, a water company operating in Volusia County, filed a declaratory judgment action seeking to challenge the constitut…
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Appellant, plaintiff below in a declaratory judgment action, seeks reversal of an interlocutory order entered in the trial court dismissing the City of Ormond Beach, Florida, as a party defendant on the grounds of improper venue as to said defendant.
By its complaint appellant sought a determination of the constitutionality of an ordinance enacted by Ormond Beach on *147March 18, 1969, substantially increasing the rates on water that the city sells to appellant, which sells and distributes the water to its consumer customers in Volusia County. Also sought to be determined by the complaint is the constitutionality of Section 367.12, Florida Statutes, F.S.A., in its application to appellant in view of the alleged unconstitutional increase in water rates by the city’s ordinance. By its operation, the statute fixes appellant’s retail water rates to those which prevailed on September 1, 1967, long before the rate increase imposed by the city under its ordinance.
The trial court expressly grounded its order on the decisions in Williams v. City of Lake City, 62 So.2d 732 (Fla.1953); City of St. Petersburg v. Earle, 109 So.2d 388 (Fla.App.19S9) ; and Amelia Island Mosquito Control District v. Tyson, 150 So.2d 246 (Fla.App.1963). In its order, the lower court expressly held that the appellee city was not a necessary or proper party to appellant’s action against the appellee city.
We have examined the authorities relied upon by the trial court and find them to be controlling. The city’s motion to dismiss was properly granted. Appellant’s contention that Rule 1.060, Florida Rules of Civil Procedure, 30 F.S.A., requires a transfer of its claim against the city to the appropriate court in Volusia County is contrary to the decision in McCue v. Lane, 228 So.2d 101 (Fla.App.1969), holding that it is improper to transfer only a portion of a case.
Appellant has failed to demonstrate that the lower court’s ruling that its claims against the two defendants should be adjudicated separately is erroneous. Accordingly, the interlocutory appeal herein is dismissed.
JOHNSON, C. J., and RAWLS and SPECTOR, JJ., concur.
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State of Fla. Dept. OF Transp. v. Bromante, 365 So. 2d 388 (Fla. 4th DCA 1978)…Transportation be transferred to Leon County. As to the other defendants the cause shall proceed in Broward County. CROSS and ANSTEAD, JJ., concur. . City of Boca Raton v. Walker, 354 So. 2d 440 (Fla.3rd DCA 1978); Southern Gulf Utilities v. Mayo, 239 So. 2d 146 (Fla.1st DCA 1969).…
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Grice v. Bd. OF Cnty. Comm'rs OF Madison Cnty., 413 So. 2d 88 (Fla. 1st DCA 1982)…either transferred or dismissed without prejudice that portion of the action to which the privilege attaches. See County of Volusia v. Atlantic International Investment Corp., 394 So. 2d 477 (Fla. 1st DCA 1981), and Southern Gulf Utilities v. Mayo, 239 So. 2d 146 (Fla. 1st DCA 1969). Appellants claim that this case is not severable, because mechanical defects in both ambulances combined to delay arrival in Gaines-ville by three hours. During that time, the child suffered convulsions and other complications w…
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Ven-Fuel v. Jacksonville Elec. Auth., 332 So. 2d 81 (Fla. 3d DCA 1975)…City of St. Petersburg v. Earle, Fla.App.1959, 109 So. 2d 388; Amelia Island Mosquito Control District v. Tyson, Fla.App.1963, 150 So. 2d 246; City of Bradenton v. Finley, Fla.App.1968, 208 So. 2d 675; Southern Gulf Utilities v. Mayo, Fla.App.1969, 239 So. 2d 146; Garland v. Railway Express Agency, Inc., Fla.App.1970, 237 So. 2d 787; Ringling Bros.-Barnum & Bailey Combined Shows, Inc. v. State, Fla.App.1974, 295 So. 2d 314, and cases cited therein. The viability of the rule is not questioned on this appeal.…
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
- Williams v. City OF Lake City, 62 So. 2d 732 (Fla. 1953)
- City OF ST. Petersburg v. Earle, 109 So. 2d 388 (Fla. 2d DCA 1959)
- Amelia Island Mosquito Control Dist. v. Tyson, 150 So. 2d 246 (Fla. 1st DCA 1963)
- McCUE v. Lane, 228 So. 2d 101 (Fla. 3d DCA 1969)