KEITH EDWARD BRADLEY, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (26 total)

• Rollins, Inc. v. Butland, 951 So. 2d 860 (Fla. 2d DCA 2006)
  …Contract. Because individual questions predominate, the Appellees’ FDUTPA damages claim is unmanageable as a class action. See Humana, 728 So. 2d at 266; St. Joe Co. v. Leslie, 912 So. 2d 21, 24 (Fla. 1st DCA 2005); Terry L. Braun, P.A. v. Campbell, 827 So. 2d 261, 265 (Fla. 5th DCA 2002). (3) The Proposed Proof of Causation and Damages We turn now to an examination of the predominance issue in the context of the second and third legs of the FDUTPA liability tripod — causation and damages. In the certificat…

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• Sosa v. Safeway Premium Fin. Co., 73 So. 3d 91 (Fla. 2011)
  …e required to credit tenants’ accounts with rent it received from re-letting the premises.” Id. at 520. Both Olen Properties, 981 So. 2d at 519, and Glen Cove, 847 So. 2d at 1110, quote the following principle from Terry L. Braun, P.A. v. Campbell, 827 So. 2d 261, 267 (Fla. 5th DCA 2002): “The primary concern in determining commonality is whether the representative members’ claims arise from the same course of conduct that gave rise to the other claims, and whether the claims are based on the same legal theo…

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• Olen Props. Corp. & Olen Residential Realty Corp. v. Moss, 981 So. 2d 515 (Fla. 4th DCA 2008)
  …in determining commonality is whether the representative members’ claims arise from the same course of conduct that gave rise to the other claims, and whether the claims are based on the same legal theory.” Ter [*520] ry L. Brawn, P.A. v. Campbell, 827 So. 2d 261, 267 (Fla. 5th DCA 2002). “Where both liability and damages depend on individual factual determinations, resolution of these claims can only be decided on an individual basis which is inconsistent with the commonality requirement for class actions.”…

Authorities Cited

• Daron Merritt v. State, 814 So. 2d 424 (Fla. 2002)
• Giancarlo Vindigni v. State, 819 So. 2d 884 (Fla. 4th DCA 2002)
• Norris Williams v. State, 819 So. 2d 884 (Fla. 4th DCA 2002)