FUNG v. FLORIDA JOINT UNDERWRITERS ASS'N

No. 3D02-1917.

840 So.2d 1101 (2003)

Kimberly FUNG on behalf of herself and all others similarly situated, Appellant, v. FLORIDA JOINT UNDERWRITERS ASSOCIATION, Appellee.

District Court of Appeal of Florida, Third District.

March 12, 2003.


Attorney(s) appearing for the Case

John H. Ruiz and Maloy Castro Morales and Marleen Colominas and Luisa M. Linares, Miami, for appellant.

Katz, Kutter, Alderman, Bryant & Yon and Katherine E. Giddings, Tallahassee, and Karen Asher-Cohen, for appellee.

Before COPE, GODERICH and FLETCHER, JJ.


COPE, J.

The plaintiff in a class action appeals a final judgment approving a class action settlement because the judgment modifies one of the settlement terms. We conclude that the point is well taken and remand for further proceedings.

I.

Plaintiff-appellant Kimberly Fung filed a Personal Injury Protection ("PIP") class action lawsuit against defendant-appellee Florida Automobile Joint Underwriters Association ("FAJUA"). She alleged that certain...

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