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COLE v. SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY

No. 68-807.

221 So.2d 200 (1969)

Phyllis COLE, Personally, and On Behalf of All Others Similarly Situated in the State of Florida, to-Wit, All Customers of Southern Bell Telephone and Telegraph Company in the State of Florida, Appellants, v. SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY, a New York Corporation Doing Business in Florida; William T. Mayo, Chairman of the Florida Public Service Commission, an Agency of the State of Florida, and Individually; Jerry W. Carter, As Member of the Florida Public Service Commission, an Agency of the State of Florida, and Individually; and Edwin L. Mason, As a Member of the Florida Public Service Commission, an Agency of the State of Florida, and Individually, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied April 30, 1969.

Attorney(s) appearing for the Case

Weinstein, Weissenborn & Burr, Miami, for appellants.

Walton, Lantaff, Schroeder, Carson & Wahl, Miami, Lewis W. Petteway, Tallahassee, for appellees.

Before CHARLES CARROLL, C.J., and BARKDULL and SWANN, JJ.

PER CURIAM.

Appellant, an alleged class plaintiff in the trial court, seeks review of a final judgment dismissing her action contesting certain telephone rates fixed by the Public Service Commission. Said final judgment, in part, found that the trial court was without jurisdiction because the plaintiff's action was "not ripe, as a matter of policy, for judicial determination, and that justice requires the application of the principles of prior resort and exhaustion...

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