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FREEDOM LIFE INS. CO. OF AMERICA v. WALLANT

No. 4D03-866.

891 So.2d 1109 (2004)

FREEDOM LIFE INSURANCE COMPANY OF AMERICA, a Texas corporation, Appellant, v. Kim WALLANT and Louis Borek, on behalf of themselves and all other similarly situated, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied February 17, 2005.

Attorney(s) appearing for the Case

Elliot H. Scherker and Julissa Rodriguez of Greenberg Traurig, P.A., Miami, for appellant.

Philip M. Burlington of Philip M. Burlington, P.A., West Palm Beach, and Jeffrey M. Liggio of Liggio, Benrubi & Williams, P.A., West Palm Beach, for appellees.

PER CURIAM.

Freedom Life Insurance Company of America appeals a non-final order certifying a class of "All persons that have been issued a certificate in the State of Florida by Freedom Life, through the Consumer Independent Association (CIA), under policy form GPPO(A) from July 1, 1996" to February 3, 2003. Freedom Life contends on appeal that the trial court improperly considered the merits of the procedural unconscionability claim raised by the suit in certifying...

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