SEARS, ROEBUCK AND CO., APPELLANT,
v.
ALEXANDER J. LABORA, APPELLEE
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The court held that the trial court did not abuse its discretion in granting class certification, but the class definition must be modified to include only Florida residents and business entities.
Appellant appealed an order granting class certification in a breach of contract action. The trial court certified a class including 'all persons and …
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PER CURIAM.
Appellant, Sears, Roebuck and Co., appeals an order granting appellee Alexander J. Labora’s motion for class action certification in a breach of contract action. We affirm with modification.
The four prerequisites for class certification are numerosity, commonality, typicality, and adequate representation. Fla. R.CivJP. 1.220(a). See Broin v. Philip Morris Cos., 641 So. 2d 888 (Fla. 3d DCA 1994), rev. denied, 654 So. 2d 919 (Fla.1995). We have carefully reviewed the record and find no abuse of discretion in the trial court’s application of these criteria to grant class certification. See Love v. General Dev. Corp., 555 So. 2d 397 (Fla. 3d DCA 1989).
Accordingly, we affirm the order granting class certification except to the extent that it identifies the class as including “all persons and business entities.” In accordance with this Court’s recent opinion in R.J. Reynolds Tobacco Co. v. Engle, 672 So. 2d 39 (Fla. 3d DCA 1996), we direct that the order be modified to limit the certified class to “Florida residents and business entities.”
Additionally, we find no error in the trial court’s ruling that the appellant initially pay the cost of notice. See Fla.R.Civ.P. 1.220(d)(2). At this stage of the proceedings, this ruling provides the most economically viable means of assuring efficient and cost-effective notification. See Johnson v. Plantation Gen. Hosp. Ltd. Partnership, 641 So. 2d 58 (Fla.1994); Frankel v. City of Miami Beach, 340 So. 2d 463 (Fla.1976).
Affirmed with directions.
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Fla. Dep't of Agric. & Consumer Servs. v. COX, 947 So. 2d 561 (Fla. 4th DCA 2006)…broad discretion to order the party opposing class certification to advance the cost of notice where doing so “provides the most economically viable means of assuring efficient and cost-effective notification.” See, Sears, Roebuck and Co. v. Labora, 670 So. 2d 1025, 1026 (Fla. 3rd DCA 1996). 9. The Court finds the arguments and evidence in this case sufficiently persuasive to warrant shifting to the Defendant the burden of paying the initial costs of giving notice. The Defendant should pay the initial costs o…1 / 2
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Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Broin v. Philip Morris Cos., Inc., 641 So. 2d 888 (Fla. 3d DCA 1994)
- Frankel v. City OF Miami Beach, 340 So. 2d 463 (Fla. 1976)
- R.J. Reynolds Tobacco Co. v. Howard A. Engle, M.D., 672 So. 2d 39 (Fla. 3d DCA 1996)
- Johnson v. Plantation Gen. Hosp. Ltd. P'ship, 641 So. 2d 58 (Fla. 1994)
- Love v. Gen. Dev. Corp., 555 So. 2d 397 (Fla. 3d DCA 1989)