Gabrielle Goodwin v. Florida Agency For Health Care Administration, etal

• Court: District Court of Appeal of Florida
• Decided: April 3, 2016
• Docket: 15-2142
• Status: Published

Opinion

IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA

GABRIELLE GOODWIN, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND Appellant, DISPOSITION THEREOF IF FILED

v. CASE NO. 1D15-2142

FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION, ET AL,

Appellee.

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Opinion filed April 4, 2016.

An appeal from the Circuit Court for Leon County. Angela C. Dempsey, Judge.

Robert W. Pass, Martha Harrell Chumbler, and Christine Davis Graves of Carlton Fields Jorden Burt, P.A., Tallahassee, and Cyril Smith and William K. Meyer of Zuckerman Spaeder LLP, Washington, for Appellant.

Cynthia L Hain, Assistant General Counsel, Agency for Health Care Administration, and Ashley E. Davis, Assistant Attorney General, for Appellee.

PER CURIAM.

Gabrielle Goodwin appeals a trial court’s order denying class certification.

According to the parties’ request, this case is travelling with Ms. Goodwin’s appeal

of an administrative order of the Florida Department of Children and Families that rejected her individual claim on the merits. She has acknowledged that the

underlying claim in both cases are identical. Thus, in view of this court’s decision

affirming DCF’s order denying her companion administrative challenge on the

merits, Gabrielle Goodwin v. Florida Department of Children and Families, 1D12-

4430, we conclude that Ms. Goodwin does not possess standing to represent the class

in this case. See Sosa v. Safeway Premium Fin. Co., 73 So. 3d 91, 116-17 (Fla. 2011)

(“To satisfy the standing requirement for a class action claim, the class

representative must illustrate that a case or controversy exists between him or her

and the defendant, and that this case or controversy will continue throughout the

existence of the litigation.”).

AFFIRMED.

THOMAS, OSTERHAUS, and BILBREY, JJ., CONCUR.