RUIZ v. BRINK'S HOME SEC., INC.

No. 2D99-4190.

777 So.2d 1062 (2001)

Trudy RUIZ and Henry Ruiz, Dan and Barbara Grossi, and Richard P. Figueredo, on behalf of themselves and all similarly situated plaintiffs, Appellants, v. BRINK'S HOME SECURITY, INC., Appellee.

District Court of Appeal of Florida, Second District.

January 17, 2001.


Attorney(s) appearing for the Case

W. Christian Hoyer, Christa L. Collins, John A. Yanchunis, and Kendra C. Mancusi, of James, Hoyer, Newcomer & Smiljanich, Tampa, for Appellants.

Guy W. Spicola, Steven L. Brannock, and G. Calvin Hayes, of Holland & Knight, for Appellee.


DAVIS, Judge.

Trudy and Henry Ruiz, Dan and Barbara Grossi, and Richard P. Figueredo appeal the final judgment dismissing the class action complaint they filed against Brink's Home Security, Inc. The appellants argue that the trial court erred in granting Brink's motion to dismiss and entering a final judgment against them based on Brink's "voluntary payment doctrine" defense. We agree and reverse.

Each of the three appellants' households entered into a contract...

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