Opinion
Nos. SC11–1832 SC11–1830.
2012-09-18
FLORIDA ELECTRIC COOPERATIVE ASSOCIATION, INC., Appellant(s) v. Art GRAHAM, etc., et al., Appellee(s). Choctawhatchee Electric Cooperative, Inc., Appellant(s) v. Art Graham, etc., et al., Appellee(s).
Choctawhatchee Electric Cooperative, Inc. v. Art Graham, etc., et al., SC11–1830, and Florida Electric Cooperative Association, Inc. v. Art Graham, etc., et al., SC11–1832, were previously consolidated in this Court for all appellate purposes. The Florid Public Service Commission and Gulf Power Company now jointly move to dismiss Florida Electric Cooperative Association's appeal in case number SC 11–1832 for lack of standing pursuant to section 120.68(1), Florida Statutes. The motion to dismiss appeal for lack of standing is hereby granted and the appeal in case number SC11–1832 is hereby dismissed.
Florida Electric Cooperative Association's (FECA) request that if its appeal is dismissed, it be allowed to appear as amicus curiae is hereby granted and the initial brief filed by FECA in case number SC11–1832 shall be considered FECA's amicus brief in case number SC11–1830.