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Gary P. Cohen, P.A. v. Bellsouth Mobility, Inc.
Citations: 637 So. 2d 1; 1994 Fla. App. LEXIS 3437; 1994 WL 123491Docket: No. 93-2894
Court: District Court of Appeal of Florida; April 12, 1994; Florida; State Appellate Court
The summary judgment in favor of the defendant, BellSouth, is reversed, and judgment is to be entered for the plaintiffs on liability. The record demonstrates that BellSouth breached a binding provision of its contract by modifying the rates for its mobile phones during the contract term. The defendant's argument claiming that an earlier, conflicting contract governed the parties' rights lacks merit. The case is remanded for a determination regarding the plaintiffs' request for class certification and for the assessment of recoverable damages. The only acknowledged exception to the contractual provision does not apply in this instance.