John H. Ruiz of MSP Recovery Law Firm Presents Oral Argument Before Third DCA in Class Action Against FPL

On January 10, 2023, John H. Ruiz of MSP Recovery Law Firm argued before the Florida Third District Court of Appeal on behalf of the appellees in the case of Florida Power and Light v. Heydi Velez et. al., Case No. 22-181 against electric utility monopoly, Florida Power & Light (“FPL”). This is an appeal of a non-final order certifying a class on behalf of over 4.4 million FPL customers.

Mr. Ruiz argued before the Court that FPL sought inappropriate and premature appellate review, and a class-wide proceeding, as ordered by Miami-Dade Circuit Judge David Miller, is the most appropriate procedure to determine the merits of the appellees’ claims.

In the underlying claim the plaintiffs (appellees in this matter) allege FPL was negligent and breached its contract with customers by failing to fully prepare for the storm, or to harden the system, despite collecting a surcharge for that specific purpose. As a result of FPL’s failures, plaintiffs experienced prolonged power outages following Hurricane Irma and suffered consequential damages.

On December 31, 2021, Miami-Dade Circuit Judge David Miller issued an order granting plaintiffs’ Motion for Class Certification certifying the following class: All persons and business owners who reside and are otherwise citizens of the state of Florida that entered into a contractual agreement with FPL for electrical services, were charged storm charges, experienced a power outage after Hurricane Irma, and suffered consequential damages, directly and proximately, because of FPL’s breach of contract and/or gross negligence.

The Florida Third District Court of Appeal will determine if the appellees class-wide certification proceeding will move forward against appellants FPL.