Southwestern Bell Telephone Co. v. Marketing on Hold, Inc.

OPINION

Opinion by

Justice CASTILLO.

This interlocutory appeal is brought, pursuant to Texas Civil Practice and Remedies Code section § 51.014(a)(3), 1 from the trial court’s order of May 6, 2003, certifying a class. We affirm.

I. Background

The underlying class action is brought on behalf of customers of Southwestern Bell Telephone, L.P. (“Southwestern Bell”) for improper pass-through and collection of certain fees. The fees are initially assessed against Southwestern Bell under various city ordinances to compensate the cities for costs of administering public rights-of-way. The ordinances…