INTERNATIONAL LONGSHOREMEN'S ASSOCIATION; INTERNATIONAL LONGSHOREMEN'S ASSOCIATION, DEEP SEA LOCAL 1408; JACKSONVILLE MARITIME ASSOCIATION; STRACHAN SHIPPING COMPANY; STEVENS SHIPPING & TERMINAL COMPANY; GULF TERMINAL INTERNATIONAL; COOPER T. SMITH STEVEDORING COMPANY, INC., AND CAROLINA STEVEDORING COMPANY, APPELLANTS,
v.
VONCEIL FISHER AND TRAVEINE HOWARD ON THEIR BEHALF AND ON BEHALF, AS REPRESENTATIVES, OF A CLASS OF SIMILARLY SITUATED LONGSHORE WORKERS, APPELLEES

Fla. 1st DCA | 2001-11-26
No. 1D01-1336
WOLF and VAN NORTWICK, JJ., concur.
800 So. 2d 339 Florida District Court of Appeal, First District (2001) Positive Treatment
Cited by 2 cases

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Synopsis

The International Longshoremen's Association, a nonsettling defendant, appealed a trial court order certifying a settlement class in a class action lawsuit by longshore workers. The court dismissed the appeal for lack of standing, holding that a nonsettling defendant generally lacks standing to challenge a settlement class certification unless it can demonstrate formal legal prejudice.


Holding

A nonsettling defendant lacks standing to appeal a settlement class certification order unless it can demonstrate that it will sustain some formal legal prejudice as a result of the settlement. The ILA failed to meet its burden of showing it would suffer plain legal prejudice or irreparable damage, and therefore lacked standing to pursue the appeal.


Headnotes

[1] A nonsettling defendant generally lacks standing to appeal an order certifying a settlement class.

[2] A nonsettling defendant must demonstrate formal legal prejudice to have standing to object to a settlement class certification.

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Key Quotes

“Usually, a nonsettling defendant lacks standing to object to a court order approving a partial settlement because a nonsettling defendant is ordinarily not affected by such a settlement.”

Establishes the general rule denying standing to nonsettling defendants in settlement class appeals

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Facts & Procedural History

The case involved a class action lawsuit brought by longshore workers (Vonceil Fisher and Traveine Howard) against multiple defendants including the I…

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Opinion of the Court
BROWNING, J.

BROWNING, J.

International Longshoremen’s Association, Deep Sea Local 1408 (Appellant), one of the defendants in the trial court, appeals a non-final order granting the plaintiffs’/appellees’ motion to certify a settlement class. We have jurisdiction of such orders pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(C)(vi) (providing for immediate appeal of order determining a class should be certified).

However, Appellees contend that Appellant, a nonsettling defendant, lacks standing as a matter of law to appeal the order certifying the settlement class. See, e.g., Zupnick v. Fogel, 989 F. 2d 93, 98 (2d Cir.1993) (“Usually, a nonsettling defendant lacks standing to object to a court order approving a partial settlement because a nonsettling defendant is ordinarily not affected by such a settlement.”); Agretti v. ANR Freight Syst, Inc., 982 F. 2d 242 (7th Cir.1992); Waller v. Financial Corp. of America, 828 F. 2d 579 (9th Cir.1987); Quad/Graphics, Inc. v. Fass, 724 F. 2d 1230 (7th Cir.1983); In re Viatron Computer Systs. Corp. Litigation, 614 F. 2d 11 (1st Cir.1980).1 This appeal is dismissed because Appellant lacks standing. Credit Indust. Co., Ltd. v. Remark Chem. Co., Inc., 67 So. 2d 540 (Fla.1953); Consolidated City of Jacksonville v. Buffkin, 768 So. 2d 1253 (Fla. 1st DCA 2000) (dismissing appeal for lack of jurisdiction and lack of standing); Stas v. Posada, 760 So. 2d 954, 955 (Fla. 3d DCA 1999) (on mot. to dismiss) (dismissing appellants from appeal because they lacked ownership interest in property awarded to plaintiff by trial court and, consequently, were “not affected by the judgment entered below”); Page v. Randall, 750 So. 2d 76 (Fla. 2d DCA 1999).

Appellant has the burden to demonstrate it has standing. In re School Asbestos Litigation, 921 F. 2d 1330 (3d Cir.1991).

While acknowledging the general rule that a nonsettling defendant lacks standing to challenge a certification of a settlement class of other defendants, Appellant argues the instant facts bring it within the recognized exception to the general principle, which permits a nonsettling defendant to object “where it can demonstrate that it will sustain some formal legal prejudice as a result of the settlement.” Waller, 828 F. 2d at 583; Agretti, 982 F. 2d at 246-47; In re Beef Industry Antitrust Litigation, 607 F. 2d 167 (5th Cir.1979).

Appellant has not met its burden to show it will suffer plain legal prejudice or otherwise be irreparably damaged if it is not permitted to proceed with this appeal. Agretti, 982 F. 2d at 242. Because Appellant lacks standing and this threshold issue is dispositive of the appeal, we need not reach the merits of Appellant’s arguments as to whether the settlement class was properly certified under Rule 1.220(a) & (b).

Accordingly, this appeal is DISMISSED for lack of standing.

WOLF and VAN NORTWICK, JJ., concur. . Because Florida's “class action” provision, Florida Rule of Civil Procedure 1.220, is based on Federal Rule of Civil Procedure 23, we can consider federal cases as persuasive authority in the interpretation of the state rule. Concerned Class Members v. Sailfish Point, Inc., 704 So. 2d 200 (Fla. 4th DCA 1998); Broin v. Philip Morris Cos., Inc., 641 So. 2d 888 (Fla. 3d DCA 1994).


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Citator

Cited By

  • Seven Hills, Inc. v. Bentley, 848 So. 2d 345 (Fla. 1st DCA 2003)
    …ing the class as mandatory under 1.220(b)(1)(A). Because 1.220 is based on Federal Rule of Civil Procedure 23, we can consider federal law as persuasive authority in interpretation of the state rule. See International Longshoremen’s Ass’n v. Fisher, 800 So. 2d 339, 340 n. 1 (Fla. 1st DCA 2001); Toledo v. Hillsborough County Hosp. Authority, [*358] 747 So. 2d 958, 961 n. 1 (Fla. 2d DCA 1999). The Advisory Committee Note to the 1966 Revision of Rule 23 indicates that a declaration of the rights and duties of la…

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