No Power? Coral Gables Can Chase FPL for Hurricane Outages
A lawsuit against Florida Power & Light by Coral Gables over extended power outages after Hurricane Irma survives a dismissal motion.
April 17, 2018 at 01:41 PM
2 minute read
The original version of this story was published on Daily Business Review
A Miami-Dade Circuit judge knocked out three of four counts in Coral Gables' lawsuit against Florida Power & Light Co. for extended power outages after Hurricane Irma.
Judge Michael Hanzman ruled Friday in a 23-page order that the state's largest electrical utility has 20 days to respond to the city's breach of contract claim and ordered mediation to begin within 60 days with Miami attorney Bruce Greer. The other counts were dismissed.
City Attorney Miriam Ramos said she looked forward to mediation.
“We've always just wanted to talk to FPL and figure out a better way forward,” she said. “If that's what this does, we're happy to be partners in that.”
Corali Lopez-Castro, managing partner of Kozyak Tropin Throckmorton in Coral Gables, represents the city.
FPL attorney Alvin Davis, a Squire Patton Boggs partner in Miami, said: “They may get what they didn't wish for. Now they have to identify everything they claim failed because of FPL.”
The company maintained all city claims fell “comfortably within the 'exclusive jurisdiction' of the Florida Public Service Commission,” Hanzman wrote. He instead characterized the issue as a “private contractual dispute.”
The affluent Miami suburb, which calls itself the “City Beautiful” and is noted for its tree canopies on major boulevards, faulted FPL for its pre-storm tree trimming and pole maintenance work.
But Davis said Coral Gables now must “go through the city pole by pole” to identify failures attributable to the company to recover any storm-related economic loss.
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