SEVEN HILLS, INC. v. BENTLEY

Nos. 1D01-5081, 1D01-5086, 1D01-5114, 1D01-5118.

848 So.2d 345 (2003)

SEVEN HILLS, INC., Adam Smith Enterprises, Inc., City of Altamonte Springs, Foundation to Fight Corruption, Inc. and Jimmy Hatcher, Appellants, v. W. Wallace BENTLEY, Sr., et al, Appellees.

District Court of Appeal of Florida, First District.

February 12, 2003.


Attorney(s) appearing for the Case

Diane D. Tremor, P.A. and Chris H. Bentley, P.A., of Rose, Sundstrom & Bentley, LLP, Tallahassee, for Seven Hills, Inc. and Adam Smith Enterprises, Inc.

Carole Joy Barice, Esquire and James A. Fowler, Esquire, of Fowler, Barice, Feeney, & O'Quinn, P.A., Orlando, for City of Altamonte Springs.

Jimmy Hatcher, in proper person, Bristol, for Foundation to Fight Corruption.

Guyte P. McCord, III, Esq. of McCord, Bubsey, Ketchum & Donohue, LLP, Tallahassee and Loren E. Levy, Esq. and Larry E. Levy, Esq. of The Levy Firm, Tallahassee, for W. Wallace Bentley, Sr., et al.; William H. Hughes, III, Esq. of Pennington, Moore, Wilkinson, Bell & Dunbar, P.A., Tallahassee, for Interstate Fibernet, Inc.; and Sylvia H. Walbolt, Esq., Robert Pass, Esq., Lannie D. Hough, Jr., E. Kelly Bittick, Jr., and Carlton Fields, P.A., Tallahassee, for Florida Power Corporation and Progress Telecommunications Corporation.


LEWIS, J.

In this consolidated action, appellants, Seven Hills, Inc., Adam Smith Enterprises, Inc., and City of Altamonte Springs, challenge the trial court's approval of a class settlement in which all appellants are members. The settlement resolved the class claims that appellee Florida Power Corporation ("FPC") exceeded the scope of its written easements over approximately 6,293 parcels of land located throughout the State of Florida by installing fiber optic communications...

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