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EXECU-TECH BUSINESS SYSTEMS, INC. v. APPLETON PAPERS INC.

No. 98-0188.

743 So.2d 19 (1999)

EXECU-TECH BUSINESS SYSTEMS, INC., SBD, Inc. and Stanley Roth, individually and on behalf of all others similarly situated, Appellants, v. APPLETON PAPERS INC., et al., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 27, 1999.

Attorney(s) appearing for the Case

Robert C. Gilbert of Robert C. Gilbert, P.A., Coral Gables; Daniel E. Gustafson and Renae D. Steiner of Heins, Mills & Olson, P.L.C., Minneapolis, Minnesota; Kenneth A. Wexler of Miller, Faucher, Chertow, Cafferty and Wexler, Chicago, Illinois; and Joseph R. Saveri and Fabrice V. Nijhof of Lieff, Cabraser, Heimann & Bernstein LLP, San Francisco, California, for Appellants.

Chris S. Coutroulis, Robert L. Ciotti and D. Matthew Allen of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., Tampa, and Sylvia H. Walbolt of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., St. Petersburg, for Appellee Appleton Papers Inc.

Ignacio Sanchez and Richard E. Donovan of Kelley, Drye & Warren LLP, Miami, for Appellee Kanzaki Specialty Papers.

PER CURIAM.

Despite the apparent complexity of the underlying litigation, the relatively simple issue in this non-final appeal is whether the trial court abused its discretion1 in denying appellants' motion for class certification. We hold that it did not, and affirm.

Appellants, consumers of thermal facsimile (fax) paper, sought damages from appellees on behalf of a class defined as "all persons and entities (but excluding defendants...

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