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DAVIS v. POWERTEL, INC.

No. 1D00-792.

776 So.2d 971 (2000)

Raymond T. DAVIS, and William R. Eddy, on behalf of themselves and all others similarly situated, Appellants, v. POWERTEL, INC. and Powertel/Jacksonville, Inc., Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied February 8, 2001.

Attorney(s) appearing for the Case

Kenneth A. Tomchin and Christopher J. Iseley of Tomchin & Odom, P.A., Jacksonville; Barbara Slott Pegg of Barbara Slott Pegg, P.A., Ponte Vedra Beach, for Appellants.

John A. Tucker and John S. Mills of Foley & Lardner, Jacksonville, for Appellees.

PADOVANO, J.

This appeal presents two issues relating to the requirements for maintaining a class action under the Florida Deceptive and Unfair Trade Practices Act. The first of these is whether a class action for damages requires an allegation that individual members of the class relied on the act or omission that is alleged to be unlawful. The second is whether a class action for declaratory and injunctive relief requires an allegation that the unlawful act will...

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