Florida State Courts

June 5, 2013 4:02 PM | Posted by Adam Koppel | Permalink

In Fidelity National Title Ins. Co. v. Grosso, 110 So. 3d 521 (Fla. 4th DCA 2012), Plaintiffs filed a class action complaint they alleged complied with Florida Rules of Civil Procedure 1.220(a) and 1.220(b)(3).  After a hearing to determine whether class certification was appropriate, the trial court granted class certification.  The trial court, however, failed to make factual findings or conclusions of law in its order.

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April 28, 2013 4:53 PM | Posted by Kirkwood, Allison | Permalink
Florida defendants can now be assured that Concepcion applies in Florida to state statutory claims. read more
March 22, 2013 11:37 AM | Posted by Adam J. Koppel | Permalink
In Law Offices of David J. Stern, P.A. v. Hewitt, 106 So. 3d 489 (Fla. 4th DCA 2013), the District Court of Appeal of the Fourth District of Florida reviewed a trial court order certifying a class of homeowners in an action against the Law Offices of David J. Stern, and its managing partner. Why did the Court affirm class certification? read more
February 8, 2013 11:10 AM | Posted by Adam J. Koppel | Permalink
In Baldwin v. Regions Financial Corp., 98 So. 3d 1201 (Fla. 3d DCA 2012), the District Court of Appeal of the Third District of Florida held that an arbitration clause of a loan agreement, containing a class action waiver, was not void as being against public policy by being contrary to the remedies provided by the Florida Consumer Collection Practices Act (FCCPA). read more
January 24, 2013 3:13 PM | Posted by D. Matthew Allen | Permalink
The Florida Supreme Court issued in intriguing opinion in Soper v. Tire Kingdom, Inc., No. SC11-1462, which provokes questions about the trajectory of Florida class action law. In Tire Kingdom, the court reversed and remanded the Third District’s decision in Tire Kingdom, Inc. v. Dishkin, 81 So. 3d 437 (Fla. 3d DCA 2011), apparently without allowing briefing by the parties on the merits. Is this a “sea change” in Florida law? read more
July 30, 2012 1:31 PM | Posted by Kirkwood, Allison | Permalink
More than two years ago, the Eleventh Circuit certified questions to the Florida Supreme Court regarding class actions waivers in consumer contracts in Pendergast v. Sprint Nextel Corp., 592 F.3d 1119 (11th Cir. 2010).  In light of the United States Supreme Court's ruling in Concepcion, the Florida Supreme Court declined jurisdiction. read more
June 1, 2012 3:17 PM | Posted by Koppel, Adam | Permalink

In Baptist Hospital, Inc. v. Baker, No. 11-5236, 2012 WL 1150211 (Fla. 1st DCA Apr. 9, 2012), the First District Court of Appeal reversed the trial court’s decision to certify a class of individuals challenging liens imposed by Baptist Hospital, Inc. under the Florida Deceptive and Unfair Trade Practices Act (“FDUTPA”).

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April 11, 2012 3:42 PM | Posted by Koppel, Adam | Permalink
In Leibell v. Miami-Dade County, Nos. 09-1476, 09-683, 2012 WL 716155 (Fla. 3d DCA Mar. 7, 2012), the Third District Court of Appeal affirmed the denial of class certification to a purported class of property owners of the Venetian Islands in Miami challenging the assessment of an annual fee for the privilege of traversing the toll plaza. read more