FREDERICK G. SCHULER, APPELLANT,
v.
ANNA K. SCHULER, APPELLEE
FREDERICK G. SCHULER, APPELLANT,
ANNA K. SCHULER, APPELLEE
891 So. 2d 1109
Florida District Court of Appeal, First District (2004)
Positive Treatment
Cited by 14 cases
Opinion of the Court
PER CURIAM.
Having considered the appellant’s response to this court’s show cause order, we dismiss this appeal for lack of jurisdiction. Because the notice of appeal was filed more than 30 days after rendition of the order sought to be reviewed, this court is without appellate jurisdiction. See Fla. R.App. P. 9.110(b).
DISMISSED.
ALLEN, DAVIS and BENTON, JJ., concur.
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Rollins, Inc. v. Butland, 951 So. 2d 860 (Fla. 2d DCA 2006)…by means of objective standards not dependent in any significant way on the intangible, subjective differences of each class member’s circumstances,” nor require additional hearings or evidence to ascertain. Freedom Life Ins. Co. of Am. v. Wallant, 891 So. 2d 1109, 1117-18 (Fla. 4th DCA 2004) (citations omitted). See also Océ Printing Sys. USA Inc. v. Mailers Data Servs., 760 So. 2d 1037, 1044 (Fla. 2d DCA 2000) (holding that trial court did not abuse its discretion in certifying class under rule 1.220(b)(2)…
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Sosa v. Safeway Premium Fin. Co., 73 So. 3d 91 (Fla. 2011)…at 63-64. However, if consequential to its consideration of whether to certify a class, a trial court may consider evidence on the merits of the case as it applies to the class certification requirements. See Freedom Life Ins. Co. of Am. v. Wallant, 891 So. 2d 1109, 1115 (Fla. [*106] 4th DCA 2004) (“[W]hen deciding whether to certify a class, the trial court’s focus should be on whether the prerequisites for class certification have been established. However ... the court may still consider evidence on the mer…
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Alderwoods Grp., Inc. v. Reyvis Garcia, 119 So. 3d 497 (Fla. 3d DCA 2013)…eks monetary damages. The mere fact that a complaint contains such claims does not prohibit class certification when the other claims demonstrate that the predominant relief sought is injunctive or equitable. Freedom Life Ins. Co. of Am. v. Wallant, 891 So. 2d 1109 (Fla. 4th DCA 2004); See also Allison v. Citgo Petroleum Corp., 151 F. 3d 402 (5th Cir.1998). However, because class certification fails for the mandatory injunctive relief claim (Count IV) and is barred by res judicata, class certification for thes…
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