THE CRICKET CLUB CONDOMINIUM, INC., APPELLANT,
v.
GENE STEVENS, APPELLEE
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The Cricket Club Condominium appeals the trial court's certification of a class action brought by Gene Stevens on behalf of 227 condominium residents alleging misrepresentations regarding a cable TV contract. The appellate court reversed the class certification, finding that Stevens's involvement in separate litigation against the Cricket Club created an irreconcilable conflict of interest that violated the adequacy-of-representation requirement for class certification.
The court held that Stevens's involvement in independent litigation against the Cricket Club created an irreconcilable conflict of interest that precluded him from adequately representing the class. As a class representative, his duty must be solely to the class's best interests, but as a counter-claimant, his personal interests could diverge from and compromise the class's interests. The adequacy requirement cannot be satisfied when a class representative is engaged in other litigation against the defendant.
[1] A class representative's adequacy is compromised when they are involved in independent litigation against the opposing party, creating an irreconcilable conflict of inter…
[2] A trial court must reconsider the adequacy of class representation if the named plaintiff is no longer a litigant against the opposing party and will not be during the pe…
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Join FLexlaw to unlock all legal intelligence“As representative of the class, his sole concern must be the best interest of the class as a whole. As a counter-claimant in an independent lawsuit, his interest is purely self-centered.”
Establishes the fundamental conflict between the dual roles Stevens occupied that prevented adequate class representation
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Join FLexlaw to unlock all legal intelligenceGene Stevens, a condominium owner at Cricket Club, filed a multi-count class action lawsuit on behalf of all 227 residents alleging misrepresentations…
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SORONDO, Judge.
The Cricket Club Condominium, Inc. (Cricket Club), appeals the certification of a class action.
Gene Stevens, an owner at the Cricket Club, filed a multi-count lawsuit alleging various misdeeds of the condominium association in connection with the award of a cable T.V. contract and expenditures from a special assessment. The complaint’s class action counts allege that all 227 condominium residents were damaged in equal amounts by identical misrepresentations made in letters concerning the vote to approve the cable contract. On motion for certification of the class, the trial court certified the class without holding an evidentiary hearing or requiring any evidentiary proof from Stevens in support of his allegations. At the hearing that was conducted the court refused to admit an affidavit presented by the Cricket Club in opposition to the certification on the grounds that it had not been served on Stevens.
In keeping with the requirements of Fla. R. Civ. P. 1.220(a) the trial court found the existence of numerosity, commonality, typicality and adequacy. After a careful review of the record in this case we are concerned only with the trial court’s finding of adequacy of representation.
The record reflects that Stevens is a defendant in a defamation action filed by another unit owner and member of the Board of Directors of the condominium association. Stevens has filed a counterclaim against the unit owner and the Cricket Club for intentional infliction of emotional distress. We find that this presents an irreconcilable conflict of interest for Stevens. As representative of the class, his sole concern must be the best interest of the class as a whole. As a counter-claimant in an independent lawsuit, his interest is purely self-centered. To the skeptical eye, a person in this position might be willing to compromise the best interests of the class in return for a favorable result in his own, personal lawsuit.1 We conclude that the adequacy requirement of the rule cannot be satisfied if Stevens is involved in any other litigation against the Cricket Club.
We reverse the class certification only as concerns the trial court’s determination of adequacy of representation. We remand to the trial court for a reconsideration of only this issue. At oral argument, counsel for Stevens informed this Court that the intentional infliction of emotional distress counterclaim has been dismissed with leave to refile. He further advised this Court that no refiling is contemplated. On remand, if the trial court determines that Stevens is no longer a litigant against the Cricket Club and he will not be during the pendency of the proposed class action, it may once again certify the class if it still believes that the adequacy requirement has been satisfied. The trial court may, if it considers it necessary, receive additional evidence on this issue.
We find no merit to the other arguments raised by the appellant. Southeast Bank, N.A v. Almeida, 693 So. 2d 1015 (Fla. 3d DCA 1997); Barton-Malow Co. v. Bauer, 627 So. 2d 1233 (Fla. 2d DCA 1993); Estate of Bobinger v. Deltona Corp., 563 So. 2d 739 (Fla. 2d DCA 1990).
Reversed and remanded.
. We ascribe no such intentions to Mr. Stevens. We discuss this issue because the potential for conflict is so patent.
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- Est. OF Margarete Bobinger v. The Deltona Corp., 563 So. 2d 739 (Fla. 2d DCA 1990)
- Barton-Malow Co. & Liebtag v. Bauer, 627 So. 2d 1233 (Fla. 2d DCA 1993)
- Domingo Marino v. Winterthur Int'l, Ltd., 693 So. 2d 1015 (Fla. 3d DCA 1997)