SOUTH MOTOR COMPANY OF DADE COUNTY, A FLORIDA CORPORATION D/B/A SOUTH MOTORS HONDA, APPELLANT/CROSS-APPELLEE,
v.
SOLOMON POLTARACK, APPELLEE/CROSS-APPELLANT
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The court granted a petition for writ of certiorari to quash a circuit court's decision that reversed a summary judgment, finding the circuit court departed from the essential requirements of law by misapplying the statute of limitations.
The court granted the petition for writ of certiorari and quashed the circuit court's order, finding that the circuit court's decision departed from the essential requirements of law and resulted in a miscarriage of justice.
[1] A class certification order will be reversed when the plaintiff has not been shown to be an appropriate class representative.
[2] Class certification is improper when the class as certified is unacceptably uncertain.
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PER CURIAM.
This is an appeal by the defendant from an order certifying a class in an action under the Florida Deceptive and Unfair Trade Practices Act, Florida Statute section 501, et seq., which alleged improprieties in an automobile leasing transaction.
We reverse with directions to dissolve the class.1 Among other things, (a) the plaintiff has not been shown to be an appropriate class representative, see Kia Motors Amer. Corp. v. Butler, 985 So. 2d 1133 (Fla. 3d DCA 2008); Wyeth, Inc. v. Gottlieb, 930 So. 2d 635 (Fla. 3d DCA 2006); Rollins, Inc. v. Butland, 951 So. 2d 860 (Fla. 2d DCA 2006); Neighborhood Health P’ship, Inc. v. Fischer, 913 So. 2d 703 (Fla. 3d DCA 2005); Chinchilla v. Star Cas. Ins. Co., 833 So. 2d 804 (Fla. 3d DCA 2002); Braun v. Campbell, 827 So. 2d 261 (Fla. 5th DCA 2002); State Farm Mut. Auto. Ins. Co. v. Kendrick, 822 So. 2d 516 (Fla. 3d DCA 2002); (b) the class actually certified is unacceptably uncertain, see Kia Motors, 985 So. 2d at 1136-41; Wyeth, 930 So. 2d at 642-43; Rollins, 951 So. 2d at 870-73, 879-80; Philip Morris v. Hines, 883 So. 2d 292, 294-95 (Fla. 4th DCA 2003); Hutson v. Rexall Sundown, Inc., 837 So. 2d 1090, 1092-94 (Fla. 4th DCA 2003); State Farm, 822 So. 2d at 517-18; Braun, 827 So. 2d at 267-68; and (c) the purported members of the class are not similarly situated, see Kia Motors, 985 So. 2d at 1136-41; Wyeth, 930 So. 2d at 642-43; Rollins, 951 So. 2d at 870-73, 879-80; Philip Morris, 883 So. 2d at 294-95; Hutson, 837 So. 2d at 1092-94; State Farm, 822 So. 2d at 517-18; Braun, 827 So. 2d at 267-68.
For roughly the same reasons, the trial judge correctly denied class certification in an asserted action under the Florida Motor Vehicle Lease Disclosure Act, Florida Statute § 521, et seq. Accordingly, we affirm on the cross-appeal challenging that ruling.
Affirmed in part, reversed in part.
. We do not review the order denying a defense summary judgment in the plaintiff's individual claim because we lack jurisdiction to do so.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited (11 total)
- Rollins, Inc. v. Butland, 951 So. 2d 860 (Fla. 2d DCA 2006)
- Bradley v. State, 827 So. 2d 261 (Fla. 1st DCA 2002)
- Terry L. Braun, P.A. v. Campbell, 827 So. 2d 261 (Fla. 5th DCA 2002)
- Wyeth, Inc. v. Gottlieb, 930 So. 2d 635 (Fla. 3d DCA 2006)
- State Farm Mut. Auto. Ins. Co. v. Kendrick, 822 So. 2d 516 (Fla. 3d DCA 2002)
- Philip Morris USA Inc. v. Hines, 883 So. 2d 292 (Fla. 4th DCA 2003)
- Smith v. State, 985 So. 2d 1133 (Fla. 1st DCA 2008)
- Hutson v. Rexall Sundown, Inc., 837 So. 2d 1090 (Fla. 4th DCA 2003)
- KIA Motors Am. Corp. v. Butler, 985 So. 2d 1133 (Fla. 3d DCA 2008)
- Neighborhood Health P'ship, Inc. v. Kenneth Fischer, M.D., 913 So. 2d 703 (Fla. 3d DCA 2005)