TERRY L. BRAUN, P.A., D/B/A OCALA DENTAL CARE, APPELLANT/CROSS-APPELLEE,
v.
JAN CAMPBELL AND ROBERT DAILY, ET AL., APPELLEES/CROSS-APPELLANTS
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
This case addresses whether a trial court properly certified a class action lawsuit against a dental professional and a dentist who allegedly treated patients without a license. The appellate court reversed the certification order because the trial court failed to provide the factual findings and legal conclusions required by Florida Rule of Civil Procedure 1.220(d)(1).
The trial court's class certification order did not comply with Rule 1.220(d)(1) because it failed to separately state the required findings of fact and legal conclusions supporting its decision to grant certification for some claims and deny it for others.
[1] A trial court order determining class certification must separately state the findings of fact and conclusions of law upon which the determination is based.
[2] A trial court's order granting or denying class certification is reversible when it fails to provide the required factual and legal findings.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the order shall separately state the findings of fact and conclusions of law upon which the determination is based”
This quote establishes the mandatory requirement under Rule 1.220(d)(1) that the trial court failed to meet.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceAppellee patients alleged that Braun, a professional association, hired Hawthorn, an unlicensed dentist, to treat patients at his clinic without discl…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Breach Of Express Contract cases and more on FLexlaw
PLEUS, J.
Terry L. Braun, P.A., d/b/a Ocala Dental Care, and Iliya Hawthorn, appeal a non-final order granting class certification in part and denying class certification in part. We have jurisdiction based on Rules of Appellate Procedure 9.130(a)(3)(C)(vii) and 9.130(a)(6). Although there are several issues on appeal and cross-appeal, the only issue relevant to our disposition of the case is whether the trial court’s factual findings and legal conclusions comply with Florida Rule of Civil Procedure 1.220(d)(1).
Appellee’s Third Amended Class Action Complaint against Braun and Hawthorn asserts several causes of action: deceptive and unfair trade practices, breaches of express and implied contract, negligence, and battery. Appellees alleged that Braun, a professional association, hired Hawthorn to treat patients in his clinic even though Hawthorn did not have a license to practice dentistry. They further alleged that Hawthorn had previously been sanctioned by the state of Florida for practicing dentistry without a license and that Braun failed to disclose Hawthorn’s unlicensed status to them.
One of the appellees, Nancy Hunt, alleged that Hawthorn had ruptured her sinus pocket while performing “sundry dental services” including an examination and extraction of approximately 11 teeth. Hunt alleged that she and/or her insurers incurred an expense of $1,816 for corrective procedures. Appellee Joseph Pascuc-ci, the husband of Nancy Hunt, alleged that, as a direct and proximate result of appellants’ negligence in causing Hunt’s injuries, he had incurred damages for the loss of her consortium. Other appellees, Jan Campbell and Robert Daily, alleged that Hawthorn had treated them and that they had respectively paid Braun $50 and $100 for Hawthorn’s services.
Appellees defined their class as “[a]ll persons who received any dental diagnosis, care or treatment” from Hawthorn while he was working out of Braun’s place of business. In their Motion for Class Certification, appellees also included anyone who had received dental services from Hawthorn while he was employed at Correctional Medical Services, Inc. In the order appealed, the trial court denied appellees’ motion to certify their deceptive and unfair trade practices and express contract claims against appellants as a class action on the sole ground that “individual questions predominate over any common questions, thus making any class action trial unmanageable.” The court granted appellees’ motion to certify their implied contract, negligence, and battery claims against appellants as a class action.
Appellants contend that the trial court’s order fails to comply with Rule 1.220(d)(1), which reads in part as follows:
(d) Determination of Class Representation; ...
(1) As soon as practicable after service of any pleading alleging the existence of a class under this rule and before service of an order for pretrial conference or a notice for trial, after hearing the court shall enter an order determining whether the claim or defense is maintainable on behalf of a class on the application of any party or on the court’s initiative. Irrespective of whether the court determines that the claim or defense is maintainable on behalf of a class, the order shall separately state the findings of fact and conclusions of law upon which the determination is based .... [emphasis added].
We agree with appellants that the trial court’s order is devoid of the factual and legal findings required by Rule 1.220(d)(1). As in KPMG Peat Marwick v. Barner, 771 So. 2d 56 (Fla. 2d DCA 2000), it is difficult to discern the court’s rationale for its order. Accordingly, we reverse the trial court’s certification order and remand for additional proceedings consistent with this opinion.
REVERSED and REMANDED.
THOMPSON, C.J., and HARRIS, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Terry L. Braun, P.A. v. Campbell, 827 So. 2d 261 (Fla. 5th DCA 2002)…hich alleged deceptive and unfair trade practices, and Count V, which alleged breach of an express contract. We reverse the certification and affirm the cross-appeal. This is the second time this matter has come to this court. In Braun v. Campbell, 781 So. 2d 480 (Fla. 5th DCA 2001), we remanded this cause to the trial court for the purpose of making factual and legal findings required by Florida Rule of Civil Procedure 1.220(d)(1). The facts posed by this case are set forth in that opinion and we do not rep…
-
Bawtinhimer v. D.R. Horton, Inc., 161 So. 3d 539 (Fla. 5th DCA 2014)…ases required individualized findings in orders denying class certification.” Id. (emphasis added). That is a distinction without a difference. In support, the majority cites several cases, including our decision in Terry L. Braun, P.A. v. Campbell, 781 So. 2d 480, 482 (Fla. 5th DCA 2001) (Braun I). In that case, the trial court had granted in part and denied in part the motion to certify a class of patients, alleging that a clinic owner wrongfully hired an unlicensed dental practitioner. Braun I, 781 So. 2d…1 / 2
-
Williams v. State, 786 So. 2d 1273 (Fla. 4th DCA 2001)…that, with the exception of sentence corrections, it is fundamental error for a trial court to re-sentence a defendant in his absence and without counsel present. See Dougherty v. State, 785 So. 2d 1221 (Fla. 4th DCA, 2001); see also Jones v. State, 781 So. 2d 480 (Fla. 3d DCA 2001) (where the defendant was not present during re-sentencing hearing, court held it would hear the defendant’s belated appeal and decide the case on the merits). Accordingly, we reverse and remand. REVERSED AND REMANDED FOR RE SENTE…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- KPMG Peat Marwick, L.L.P. v. Barner, 771 So. 2d 56 (Fla. 2d DCA 2000)