LESTER WHITAKER, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (24 total)

• Rollins, Inc. v. Butland, 951 So. 2d 860 (Fla. 2d DCA 2006)
  …r the circuit court to certify the class on the FDUTPA damages claim, the Appellees had to demonstrate the existence of a “reasonable methodology for generalized proof of class-wide impact and damages.” Execu-Tech Bus. Sys. v. Appleton Papers, Inc., 743 So. 2d 19, 22 (Fla. 4th DCA 1999); see also Green v. McNeil Nutritionals, LLC, 2005 WL 3388158 (Fla. 4th Cir.Ct. Nov. 16, 2005) (denying motion to certify class on FDUTPA claim where a common right of recovery based on the same essential facts did not exist).…

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• Liggett Grp. Inc. v. Howard A. Engle, M.D., 853 So. 2d 434 (Fla. 3d DCA 2003)
  …active Serv’s, Inc., 804 So. 2d 383 (Fla. 4th DCA 2001). This “predominance” or “commonality” requirement is not satisfied, where claims involve factual determinations unique to each plaintiff. See Execu-Tech Bus. Sys. Inc. v. Appleton Papers, Inc., 743 So. 2d 19 (Fla. 4th DCA 1999). Rule 1.220 also requires that class representation be superior to other available methods of fairly and efficiently adjudicating the claims presented. See Castano v. American Tobacco Co., 84 F. 3d at 734; Emig v. American Tobac…

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• Seven Hills, Inc. v. Bentley, 848 So. 2d 345 (Fla. 1st DCA 2003)
  …t erred in certifying a mandatory settlement class pursuant to Florida Rule of Civil Procedure 1.220(b)(1)(A). We review the issue of class certification under the abuse of discretion standard. See Execu-Tech Bus. Sys., Inc. v. Appleton Papers Inc., 743 So. 2d 19, 20 n. 1 (Fla. 4th DCA 1999). Judicial discretion is abused when judicial action is arbitrary, fanciful, or unreasonable, or where no reasonable person would take the view adopted by the trial court. Canakaris v. Canakaris, 382 So. 2d 1197, 1203 (Fl…

Authorities Cited

• Heath v. State, 648 So. 2d 660 (Fla. 1994)
• Hammond v. State, 702 So. 2d 637 (Fla. 1st DCA 1997)