THE INTERNATIONA LONGSHORMEN'S v. VONCEIL FISHER and TRAVEINE HOWARD

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IN THE DISTRICT COURT OF APPEAL, FIRST DISTRICT, STATE OF FLORIDA THE INTERNATIONAL LONGSHOREMEN S ASSOCIATION, DEEP SEA LOCAL 1408, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED. CASE NO. 1D03-987 Appellant, v. VONCEIL FISHER and TRAVEINE HOWARD, et al., Appellees. _________________________/ Opinion filed December 11, 2003. An appeal from the circuit court for Duval County. Charles O. Mitchell, Jr., Judge. Daniel C. Shaughnessy and Robert P. Eshelman, II, of Robert P. Eshelman, II, P.A., Jacksonville, for Appellant. Stephen B. Gallagher, Edward L. Birk, Sonya H. Hoener, of Marks Gray, P.A., Jacksonville; David E. Breskin, Claudia Kilbreath, Anne-Marie E. Sargent of Short Cressman & Burgess PLLC, Seattle, Washington; Michael F. Coppins of Coppins & Monroe, P.A., Tallahassee, for Appellees. PER CURIAM Appellant seeks review of a non-final order certifying a class. We have jurisdiction. Art. V, § 4(b)(1), Fla. Const.; Fla. R. App. P. 9.130(a)(3)(C)(vi). We conclude that the trial court correctly applied the applicable law, and that it did not abuse its discretion. Accordingly, we affirm. We note that, because the order is interlocutory, it may be revisited by the trial court should circumstances change. Fla. R. Civ. P. 1.220(d)(1). AFFIRMED. KAHN, WEBSTER and VAN NORTWICK, JJ., CONCUR. 2

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