Ulysses Cruises, Inc. v. Calves

District Court of Appeal of Florida

Ulysses Cruises, Inc. v. Calves

728 So. 2d 363, 1999 Fla. App. LEXIS 3418, 1999 WL 157359

District Court of Appeal of Florida·Decided March 24, 1999·No. Nos. 98-2882, 99-269·Published·Cited by 2 cases

Opinion

PER CURIAM.

The order on appeal in case no. 98-2882, which certifies a class action, is reversed because the record discloses no predominance of common questions over questions affecting only individual class members in this case. See Fla.R.Civ.P. 1.220(a),(b)(3); Mathieson v. General Motors Corp., 529 So.2d 761 (Fla. 3d DCA 1988); Maner Properties, Inc. v. Siksay, 489 So.2d 842 (Fla. 4th DCA 1986); Costin v. Hargraves, 283 So.2d 375 (Fla. 1st DCA 1973). Case no. 99-269 is remanded to the trial court with instructions to reconsider the orders which are the subject thereof in light of our decision in case no. 98-2882.

Reversed and remanded.

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PER CURIAM.

The order on appeal in case no. 98-2882, which certifies a class action, is reversed because the record discloses no predominance of common questions over questions affecting only individual class members in this case. See Fla.R.Civ.P. 1.220(a),(b)(3); Mathieson v. General Motors Corp., 529 So.2d 761 (Fla. 3d DCA 1988); Maner Properties, Inc. v. Siksay, 489 So.2d 842 (Fla. 4th DCA 1986); Costin v. Hargraves, 283 So.2d 375 (Fla. 1st DCA 1973). Case no. 99-269 is remanded to the trial court with instructions to reconsider the orders which are the subject thereof in light of our decision in case no. 98-2882.

Reversed and remanded.

Ulysses Cruises, Inc. v. Calves, 728 So. 2d 363, 1999 Fla. App. LEXIS 3418, 1999 WL 157359 (Fla. Ct. App. 1999).

Pincite

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Opinion

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