EUGENIA AUSTIN, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Taran v. Blue Cross Blue Shield OF Fla., Inc., 685 So. 2d 1004 (Fla. 3d DCA 1997)
  …have standing in order to be able to proceed with the class action. The court entered summary judgment in favor of defendants, and plaintiffs have appealed. We affirm the summary judgment on authority of Baptist Hospital of Miami, Inc. v. DeMario, 683 So. 2d 641 (Fla. 3d DCA 1996). In that case, the trial court proceeded to consideration of class certification without resolving a substantial challenge that had been raised with respect to the class plaintiffs standing. In quashing the trial court order, this…

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• W.S. Badcock Corp. v. Webb, 699 So. 2d 859 (Fla. 5th DCA 1997)
  …ntiffs have representative capacity, as defined by Federal Rule of Civil Procedure 23(a), to assert the rights of others), cert. denied, 486 U.S. 1005, 108 S.Ct. 1729, 100 L.Ed.2d 193 (U.S.Fla.1988); see also Baptist Hosp. of Miami, Inc. v. Demario, 683 So. 2d 641, 643 (Fla. 3d DCA 1996) (court determined inter alia that if the putative class representative has no standing, he has no right to pursue the case as a class action). The trial court’s decision that the former dealers, Webb and Keene, have standing…
• Commonwealth Land Title Ins. Co. v. Higgins, 975 So. 2d 1169 (Fla. 1st DCA 2008)
  …s a general rule, however, precertification discovery should be limited to matters relevant to class certification, not the merits of the case. Policastro v. Stelk, 780 So. 2d 989, 991 (Fla. 5th DCA 2001); see also Baptist Hosp. of Miami v. DeMario, 683 So. 2d 641, 643 (Fla. 3d DCA 1996)(granting a petition for certiorari, quashing the trial court’s order denying petitioner’s motion for protective order, and remanding with directions that the trial court stay merits discovery “pending its determination of [re…