PENELOPE HESSEN, INDIVIDUALLY, AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, APPELLANTS,
v.
METROPOLITAN DADE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, AND CHEMICAL BANK, A BANKING CORPORATION ORGANIZED UNDER THE LAWS OF THE STATE OF NEW YORK, APPELLEES
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PER CURIAM.
In the first appeal of this case we held, inter alia, that “there is no showing that the appellant’s claim is, or could be antagonistic to that of other members of the class,” and that “the appellant, as representative party, can adequately represent each member of the class” in an action to recover interest owed to 563 holders of certain bonds. Hessen v. Metropolitan Dade County, 513 So. 2d 1330 (Fla. 3d DCA 1987), rev. denied, 525 So. 2d 876 (Fla.1988). On remand the trial court limited the class, as to the claim against Dade County, to “all former individuals, as opposed to institutional holders” of the bonds in question.
By this action to enforce our mandate, the appellant claims that the trial court’s class certification on remand alters our earlier determination. We agree. Our holding that the appellant could maintain the class action as a proper class representative included institutional as well as individual bondholders. That determination is the law of the case. Allen v. School Bd. of Broward County, 522 So. 2d 1036 (Fla. 4th DCA 1988); Nichols v. Tarsches, 429 So. 2d 409 (Fla. 3d DCA), rev. denied, 440 So. 2d 353 (Fla.1983).
Reversed and remanded for consistent proceedings.
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United Auto. Ins. Co. v. Comprehensive Health Ctr., 173 So. 3d 1061 (Fla. 3d DCA 2015)…he case.”); Wilcox v. Hotelerama Assocs., Ltd., 619 So. 2d 444, 446 (Fla. 3d DCA 1993) ("A trial court does not have discretionary power to alter or modify the mandate of an appellate court in any way, shape, or form.”); Hessen v. Metro. Dade Cnty., 569 So. 2d 887 (Fla. 3d DCA 1990) (granting motion to enforce mandate where trial court’s class certification on remand altered this Court's determination regarding the class representative in first appeal). . It is irrelevant — despite the suggestion of the appe…
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Casino Inv., Inc. v. Palm Springs Mile Assocs., Ltd., 201 So. 3d 46 (Fla. 3d DCA 2015)…rres v. Jones, 652 So. 2d 893, 894 (Fla. 3d DCA 1995) (“[I]t was error for the trial court to modify the final judgment on remand, and to change the law of the case as determined by the highest court hearing the case.”); Hessen v. Metro. Dade Cnty., 569 So. 2d 887 (Fla. 3d DCA 1990) (granting motion to enforce mandate where trial court’s class certification on remand altered this Court’s determination regarding the class representative in first appeal); see also Gardner v. Nioso, 108 So. 3d 1122 (Fla. 1st DCA…
Authorities Cited
- Nichols v. Ellis S. Tarsches, 429 So. 2d 409 (Fla. 3d DCA 1983)
- Allen v. The Sch. Bd. OF Broward Cnty., 522 So. 2d 1036 (Fla. 4th DCA 1988)
- Penelope Hessen v. Metro. Dade Cnty., 513 So. 2d 1330 (Fla. 3d DCA 1987)