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BELLSOUTH MOBILITY LLC v. CHRISTOPHER

No. 4D01-2485.

819 So.2d 171 (2002)

BELLSOUTH MOBILITY LLC, Appellant, v. Daniel J. CHRISTOPHER, on behalf of himself and a class of similarly situated persons, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 21, 2002.

Attorney(s) appearing for the Case

John R. Hargrove and W. Kent Brown of Heinrich Gordon Hargrove Weihe & James, P.A., Fort Lauderdale, for appellant.

Lawrence S. Klitzman of Law Offices of Lawrence S. Klitzman, P.A., Coconut Grove; Jonah Orlofsky of Law Offices of Jonah Orlofsky, and David Schachman of Law Offices of David Schachman, Chicago, Illinois, for appellee.

POLEN, C.J.

Bellsouth Mobility LLC ("Bellsouth") appeals from a non-final order denying its motion to dismiss or compel arbitration. We reverse.

Daniel Christopher filed an action seeking class certification to challenge Bellsouth's allegedly overcharging customers for wireless telephone service. Pursuant to the standard form contract at issue, Bellsouth and its subscriber agreed to

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