Legal Opinion

Better Plastics, Inc. v. Kissimmee Utility Authority

District Court of Appeal of Florida

Decided July 30, 1987No. 86-2044PublishedCited by 1 opinion

1Opinion of the Court

COWART, Judge.

Appellee, an electric service public utility, owes appellant, a customer, a refund for overcharges. The customer claims it is entitled to prejudgment interest on the overcharge refund under section 687.01, Florida Statutes and Argonaut Insurance Company v. May Plumbing Co., 474 So.2d 212 (Fla.1985). The utility claims that as a regulated public utility it can lawfully do only what is authorized by the Public Service Commission, which, by Florida Administrative Code Rule 25-6.106(2), has authorized overcharge refunds but has not authorized the payment of interest on overcharge…

2Cases cited1 opinion

  1. Argonaut Ins. Co. v. May Plumbing Co.Supreme Court of Florida · 1985

3Cited by1 opinion

  1. Kissimmee Util. Auth. v. Better Plastics, Inc.Supreme Court of Florida · 1988

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