City of Clermont v. Lake City Utility Services, Inc.

The City of Clermont appeals a final judgment in favor of Lake Utility Services, Inc. (LUS). We reverse.

This case was the subject of an earlier appeal. In Lake Utility Services, Inc. v. City of Clermont, 727 So.2d 984 (Fla. 5th DCA 1999), both parties claimed the right to provide water service to a particular section of Lake County, and made motions for summary judgment. The trial court entered summary judgment for the city and this court reversed. We held that the city had acquired the right to provide the service before LUS acquired its right to provide the service, but that the city had…