Peoples Gas System sued Posen Construction, Inc. in federal court for damages under the Florida Underground Facility Damage Prevention and Safety Act. Posen Construction asked the federal district court to dismiss the lawsuit because the Act does not provide Peoples Gas System a legal right to compensation. The federal district court agreed and dismissed the complaint. Peoples Gas System appealed. The Eleventh Circuit Court of Appeals has certified a question to this Court for clarification of Florida law.

Appearance for Petitioner:
Jason Gonzalez of Shutts & Bowen LLP, Tallahassee, 850-241-1717

Appearance for Respondent:
Hinda Klein of Conroy Simberg, Hollywood, 954-961-1400