NORWEGIAN CRUISE LINES LIMITED D/B/A NORWEGIAN CRUISE LINES, APPELLANTS,
v.
JUDITH ROSE AND CHARLES R. AULT, ON BEHALF OF THEMSELVES AND OTHERS SIMILARLY SITUATED, APPELLEES
PER CURIAM.
Norwegian Cruise Lines, Limited, has appealed an order of the trial court, which order grants class certification. The class thus created consists of all paying passengers who consumed water and/or food unfit for human consumption and were thus made ill on the M7S Royal Odyssey during their voyages.1
We conclude that the class certification is-improper because of insufficient commonality. See Ulysses Cruises, Inc. v. Calves, 728 So. 2d 363 (Fla. 3d DCA 1999). The case is remanded to the trial court with instructions to enter its order decerti-fying the class.
Reversed and remanded.
SCHWARTZ, C.J., and FLETCHER, J., concur. . Three separate voyages were involved.
GODERICH, Judge
(dissenting).
I respectfully dissent. The class certification was proper. See Broin v. Philip Moms Companies, Inc., 641 So. 2d 888 (Fla. 3d DCA 1994), review denied, 654 So. 2d 919 (Fla.1995).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Liggett Grp. Inc. v. Howard A. Engle, M.D., 853 So. 2d 434 (Fla. 3d DCA 2003)…ately protect and represent the interests of each member of the class.” . Moreover, this Court and other Florida courts have recognized the impropriety of class certification in cases comparable to this one. See Norwegian Cruise Lines Ltd. v. Rose, 784 So. 2d 1248, 1248 (Fla. 3d DCA 2001)(reversing certification of class of cruise ship passengers who became ill by ship’s food and water due to "insufficient commonality”); Stone v. Compuserve Interactive Services, Inc., 804 So. 2d 383 (Fla. 4th DCA 2001) (uphol…
-
Rose v. Norwegian Cruise Lines Ltd., 825 So. 2d 342 (Fla. 2002)…PER CURIAM. We originally accepted jurisdiction to review Norwegian Cruise Lines Ltd. v. Rose, 784 So. 2d 1248 (Fla. 3rd DCA 2001), pursuant to article V, section 3(b)(3), of the Florida Constitution. After further consideration, we have determined that jurisdiction was improvidently granted. Accordingly, this case is hereby dismissed. It is so ordered.…
-
Carnival Corp. v. Gagliano, 907 So. 2d 647 (Fla. 3d DCA 2005)…fe Ins. Co., 908 So. 2d 510, 2005 WL 1458641 (Fla. 4th DCA Case no. 4D03-4824, opinion filed, June 22, 2005); Liggett Group Inc. v. Engle, 853 So. 2d 434 (Fla. 3d DCA 2003), review granted, 873 So. 2d 1222 (Fla.2004); Norwegian Cruise Lines v. Rose, 784 So. 2d 1248 (Fla. 3d DCA 2001), review dismissed, 825 So. 2d 342 (Fla.2002); Ulysses Cruises, Inc. v. Calves, 728 So. 2d 363 (Fla. 3d DCA 1999). As to the other issues presented with respect to the dismissal below of entities allegedly responsible for the ope…
Previewing 3 of 4 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)
- Commodore Aviation, Inc. v. Sanwa Bus. Credit Corp. Inc., 728 So. 2d 363 (Fla. 3d DCA 1999)
- Ulysses Cruises, Inc. v. Calves, 728 So. 2d 363 (Fla. 3d DCA 1999)