CIVIL PROCEDURE: CLASS ACTIONS: CERTIFICATION: TORTS: TORTIOUS INTERFERENCE WITH DEAD BODIES: INTENTIONAL OR RECKLESS INFLICTION OF EMOTIONAL DISTRESS: GROSS NEGLIGENCE: INJUNCTIVE RELIEF: ERROR TO ADOPT PROCEDURE FOR DETERMINING CLASS MEMBERSHIP THAT WOULD IN EFFECT GRANT THE PLAINTIFFS’ CLAIM FOR INJUNCTIVE RELIEF: CLAIM FOR INJUNCTIVE RELIEF BARRED BY RES JUDICATA BASED UPON PRIOR ADMINISTRATIVE ACTION BY DEPARTMENT OF BANKING AND FINANCE: CLAIMS FOR MONETARY RELIEF WERE NOT SUITABLE FOR DETERMINATION BY CLASS ACTION BECAUSE OF THE INDIVIDUALIZED NATURE OF THE CLAIMS

Alderwoods Group, Inc. v. Garcia, ___ So. 3d ___, 38 Fla. L. Weekly D1646 (Fla. 3d DCA July 31, 2013)

Three plaintiffs brought a class action against the owner of cemetery because the cemetery was unable to locate the burial plots of the plaintiffs’ family members.  The plaintiff’s sued for tortious interference with dead bodies, intentional or reckless infliction of … Click To Read Full Case Law Review...

CIVIL PROCEDURE: CLASS ACTIONS: CERTIFICATION: ABSENCE OF FINDINGS OF FACT AND CONCLUSIONS OF LAW

Fidelity National Title Insurance Company v. Grosso, ___ So. 3d ___, 38 Fla. L. Weekly D746 (Fla. 4th DCA April 3, 2013)

The appellate court reversed an order certifying a class action because of the absence of factual findings or conclusions of law and the failure to specify the section of Fla. R. Civ. P. 1.220(b) upon which certification Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE; CIVIL PROCEDURE: CLASS ACTIONS: CERTIFICATION: TYPICALITY: FAILURE TO PAY REINSTATEMENT CHARGES; CONSUMER LAW: FLORIDA DECEPTIVE AND UNFAIR TRADE PRACTICES ACT (FDUTPA): ACTION AGAINST LAW FIRM REPRESENTING LENDERS IN FORECLOSURE CASES: FLORIDA CONSUMER COLLECTION PRACTICES ACT (FCCPA) CLAIM

The Law Offices of David J. Stern, P.A. v. Hewitt, ___ So. 3d ___, 38 Fla. L. Weekly D106 (Fla. 4th DCA January 9, 2013)

The appellate court affirmed an order certifying a class action against a law firm that represented lenders in mortgage foreclosure cases.  The class representative’s claim was not atypical “because he did not pay any … Click To Read Full Case Law Review...

INSURANCE: PREMIUM FINANCE COMPANIES: EXTRA CHARGES; CIVIL PROCEDURE: CLASS ACTIONS: CERTIFICATION: DISTRICT COURT ERRED BY CONDUCTING DE NOVO REVIEW RATHER THAN REVIEW FOR ABUSE OF DISCRETION

Sosa v. Safeway Premium Finance Co., ___ So. 3d ___, 36 Fla. L. Weekly S373 (Fla. 7/7/11)

By statute, in addition to a service charge, a premium finance company may exact an extra charge one per year.  In this case, the plaintiff alleged that his premium finance company knowingly exacted two extra charges during one twelve month period.  The trial … Click To Read Full Case Law Review...

CIVIL PROCEDURE: CLASS ACTIONS: CERTIFICATION: PREDOMINANCE

Commonwealth Land Title Insurance Company v Higgins, ___ So. 3d ___, 36 Fla. L. Weekly D287 (Fla. 1st DCA 2/7/11)

The court affirmed the certification of a class action by homeowners against title insurance underwriters who failed to charge the lower, reissue rate, when the homeowners refinanced their homes.  On appeal, the underwriters did not challenge the Rule 1.220 … Click To Read Full Case Law Review...