BILLY SHEPHERD, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Neighborhood Health P'ship, Inc. v. Kenneth Fischer, M.D., 913 So. 2d 703 (Fla. 3d DCA 2005)
  …m NHP. His arguments in this regard are wrong. The standing of the class representative is a threshold inquiry that must be addressed and answered in determining commonality and typicality of a class. See The Club at Admiral’s Cove, Inc. v. Skigen, 879 So. 2d 57, 59 (Fla. 4th DCA 2004). We have held that if it is demonstrated, at the outset, that plaintiffs who have filed a class action complaint have suffered no injury and have no cause of action against the defendants, that the class should not be certifi…
• Skigen v. The Club AT Admiral's Cove, Inc., 932 So. 2d 1151 (Fla. 4th DCA 2006)
  …. We reverse the trial court’s order dismissing appellants’ third amended complaint with prejudice. The pleading states a claim for breach of contract under the amended bylaws and a membership certifí-cate. In The Club at Admiral’s Cove v. Skigen, 879 So. 2d 57 (Fla. 4th DCA 2004), we did not hold that appellants could not base a cause of action on the amended and restated bylaws. Reversed and remanded. WARNER, KLEIN and GROSS, JJ., concur.…

Authorities Cited

• Cruz v. State, 742 So. 2d 489 (Fla. 3d DCA 1999)