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...

FLORIDA MOTOR VEHICLE DEALER ACT: SECTIONS 320.60-70, FLORIDA STATUTES: INJUNCTIVE AND MONETARY RELIEF; CIVIL PROCEDURE: PROPOSAL FOR SETTLEMENT: SECTION 768.79, FLORIDA STATUTES, IS INAPPLICABLE TO A CLAIM FOR DAMAGES AND NON-MONETARY RELIEF

Winter Park Imports, Inc. v. JM Family Enterprises, ___ So. 3d ___, 36 Fla. L. Weekly D1427 (Fla. 5th DCA 7/1/11)

The plaintiff sued the defendants for injunctive relief and damages under the Florida Motor Vehicle Dealer Act, Sections 320.60-70, Florida Statutes.  “[E]ach defendant served a separate offer of judgment on the plaintiff, tendering a monetary amount as full … Click To Read Full Case Law Review...