School Board of Orange Co. v. Florida Power Corp.

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2011 SCHOOL BOARD OF ORANGE COUNTY, Appellant, v. Case No. 5D10-1872 FLORIDA POWER CORPORATION, Appellee. ________________________________/ Opinion filed August 5, 2011 Appeal from the Circuit Court for Orange County, Stan Strickland, Judge. Bernard F. Daley, Jr., of The Daley Law Office, P.A., Tallahassee, for Appellant. Stephen H. Grimes, Elizabeth L. Bevington and Matthew Mears, of Holland & Knight LLP, Tallahassee, for Appellee. PER CURIAM. We find no error and affirm. We specifically reject appellant's contention that the trial court was bound to declare whether the School Board was excluded from the terms of the Apopka city ordinance and that the trial court acted in excess of its jurisdiction in concluding that the terms of the ordinance did not control the billing of the franchise fees to its customers. AFFIRMED. GRIFFIN, SAWAYA and COHEN, JJ., concur.

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