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IN THE CIRCUIT COURT OF THE 19TH
JUDICIAL CIRCUIT IN AND FOR ST.
LUCIE COUNTY, FLORIDA -
CASE N0: 80-608 CA
FLORIDA POWER & LIGHT COMPANY, .
a Florida corporation,
Plaintiff, ~
vs. -
PEACOCK FRUIT & CATTLE CORPORATION, •
a Florida corporation, et al., .
Defendants.
ORDER SETTING EVIDENTIARY HEARING ON
PETITIONER'S MOTION FOR RELIEF FROM ~
ORDER OF TAKING ON GROUND OF MISTAKE
THIS CAUSE came on before the Court, after notice,
upon the Motion for Reconsideration and Alternatively for
Relief from Order Denying Taking on the Ground of Mistake
of the petitioner, Florida Power & Light Company. Pursuant
to Rule 1.540(b), Florida Rules of Civil Procedure, Florida
Power &_Light Company seeks relief from that portion of
the Order of Taking entered in this cause on December 10,
1980, which denied its petition ~o acquire access road
easer~ents o~~er Parcels 1D and lE, which are owned by
respondent Peacock Fruit & Cattle Corporation, on the ground
of lack of necessity. The Court has considered the motion,
the argument of counsel, and the other matters of record
before it and is otherwise fully advised.
As grounds for its motion, Florida Power & Light
Company urges that this Court's ruling on Parcels 1D and lE
was based on testimony which contained incorrect statements
of fact concerning the nature~of the road network in the
area of the proposed taking and the impact of the unavail-
ability of the access road easements on Florida Power &
Light Company's ability to provide adequate, reliable .
electric service to its customers. In this regard, Florida
Power & Light Company has offered to present evidence to
t
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STEEI HECTOR 6 0/1VI5, MIAMI, FLORIOA
~~347 P~E1979
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