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HASSEN v. MEDIAONE OF GREATER FLORIDA, INC.

No. 1D99-42.

751 So.2d 1289 (2000)

Joseph HASSEN, Charlie J. Johnson, III, and William Fleischmann, D.M.D., individually and on Behalf of all those similarly situated, Appellants, v. MEDIAONE OF GREATER FLORIDA, INC., a Florida corporation, Appellee.

District Court of Appeal of Florida, First District.

March 21, 2000.

Attorney(s) appearing for the Case

Timothy W. Volpe, Michael M. Bajalia and Leslie A. Wickes of Volpe, Bajalia, Wickes & Rogerson, Jacksonville, and Perry Penland, Sr., Jacksonville, for Appellant.

Kathleen A. Marron and Douglas R. Boettge of Robins, Kaplan, Miller & Ciresi, L.L.P., Minneapolis, Minnesota, and Bedell, Dittmar, DeVault, Pillans & Coxe, P.A., Jacksonville, for Appellee.

Michael A. Hanzman, Mark J. Heise and Keith E. Hope of Hanzman, Criden, Chaykin, Ponce & Heise, P.A., Miami, for Amicus Curiae Academy of Florida Trial Lawyers.

ALLEN, J.

The appellants challenge an order by which the trial court entered a judgment on the pleadings and dismissed a claim for recovery of money paid as late charges on cable television bills. We conclude that the court properly determined that such recovery is barred by the appellants' voluntary payment.

In their complaint the appellants alleged that when their monthly cable television bills became past due...

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