A panel of the 3rd District Court of Appeal on Wednesday denied a rehearing request in a lawsuit against Florida Power & Light (FPL) over its alleged failure to prevent power outages during Hurricane Irma.
The original lawsuit claimed that FPL had not fulfilled its obligations to help prevent power outages during the 2017 hurricane.
However, in a May 22 ruling, the Miami-based appeals court sided with FPL, affirming that the state Public Service Commission has the authority to determine whether the utility met its obligations. The panel overturned earlier decisions that had allowed customers to pursue a class-action lawsuit against FPL.
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The case was subsequently remanded to the Miami-Dade County circuit court with instructions for the judge to stay the proceedings until “threshold issues” are resolved. In June, attorneys representing the customers requested a rehearing or, alternatively, for the appeals court to refer the case to the Florida Supreme Court.
The panel, comprising Judges Norma Lindsey, Bronwyn Miller, and Alexander Bokor, did not provide an explanation for its decision on Wednesday to deny the rehearing request.
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This development marks a significant victory for FPL in the ongoing legal battle, reinforcing the Public Service Commission’s role in overseeing utility performance during major weather events.
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