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STORK v. BELLSOUTH CORP.

No. 4D02-2341.

847 So.2d 1098 (2003)

Dan STORK and Irving Hyams, on their own behalf and on behalf of class of similarly situated persons, Appellants, v. BELLSOUTH CORPORATION, a Georgia corporation, and Bellsouth Telecommunications, Inc., a Georgia corporation, and Palm Beach County, a political subdivision of the State of Florida, Appellees.

District Court of Appeal of Florida, Fourth District.

June 18, 2003.

Attorney(s) appearing for the Case

Lawrence S. Klitzman of Law Offices of Lawrence S. Klitzman, P.A., Weston, and Jonah Orlofsky of Law Offices of Jonah Orlofsky, Chicago, IL, for appellants.

John R. Hargrove of Heinrich, Gordon, Hargrove, Weihe & James, P.A., Fort Lauderdale, and Ashley B. Watson, Atlanta, GA, for appellees-BellSouth Corporation and BellSouth Telecommunications, Inc.

Amy Taylor Petrick, Assistant County Attorney, West Palm Beach, for appellee-Palm Beach County.

TAYLOR, J.

Appellants, Stork and Hyams, brought this class action against Bellsouth Corporation, Bell South Telecommunications, Inc. (collectively "Bellsouth"), and Palm Beach County claiming that the defendants collected excessive public service taxes on their telephone service.1 We affirm the trial court's dismissal of their complaint for failure to exhaust administrative remedies, as required by section 166.235(2), Florida Statutes...

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