Opinion
No. 4D04-2924.
March 2, 2005.
Appeal of a non-final order from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Patti Englander Henning, Judge; L.T. Case No. CACE 00-17077 03.
John R. Hargrove, Bruce A. Weihe of Gordon, Hargrove James, P.A., Ft. Lauderdale, and Roman P. Wuller and Robert J. Wagner of Thompson Coburn, LLP, St. Louis, MO, for appellant.
Lawrence S. Klitzman of the Law Offices of Lawrence S. Klitzman, P.A., Weston, and the Law Offices of Jonah Orlofsky, P.A., Chicago, IL, for appellee.
We affirm the non-final order of the trial court approving a limited class action against BellSouth, where Christopher is claiming on behalf of himself and other Florida consumers similarly situated that BellSouth improperly imposed a $3.50 per month "Roamer Admin Fee" (RAF) for calls made outside the BellSouth area. These proceedings occurred following our remand in Bellsouth Mobility LLC v. Christopher, 819 So.2d 171 (Fla. 4th DCA 2002).
We have reviewed the trial court's detailed findings of fact and conclusions of law in granting class certification. We hold the trial court properly considered the requirements of Florida Rule of Civil Procedure 1.220(b)(3), and the applicable case law, in approving the class action. Finding no error, we affirm.
POLEN, KLEIN and SHAHOOD, JJ., concur.