ECHEVARRIA, MCCALLA, RAYMER, BARRETT & FRAPPIER, A FLORIDA GENERAL PARTNERSHIP; BARRETT, DAFFIN & FRAPPIER, L.L.P., A FOREIGN LIMITED LIABILITY PARTNERSHIP; MCCALLA, RAYMER, PADRICK, COBB, NICHOLS & CLARK, L.L.C., A GEORGIA LIMITED LIABILITY COMPANY ENGAGING IN THE PRACTICE OF LAW; ECHEVARRIA & ASSOCIATES, P.A., A FLORIDA CORPORATION ENGAGED IN THE PRACTICE OF LAW; AND MICHAEL ECHEVARRIA, INDIVIDUALLY, APPELLANTS,
v.
BRADLEY COLE, INDIVIDUALLY, AND ON BEHALF OF A CLASS, APPELLEE
ECHEVARRIA, MCCALLA, RAYMER, BARRETT & FRAPPIER, A FLORIDA GENERAL PARTNERSHIP; BARRETT, DAFFIN & FRAPPIER, L.L.P., A FOREIGN LIMITED LIABILITY PARTNERSHIP; MCCALLA, RAYMER, PADRICK, COBB, NICHOLS & CLARK, L.L.C., A GEORGIA LIMITED LIABILITY COMPANY ENGAGING IN THE PRACTICE OF LAW; ECHEVARRIA & ASSOCIATES, P.A., A FLORIDA CORPORATION ENGAGED IN THE PRACTICE OF LAW; AND MICHAEL ECHEVARRIA, INDIVIDUALLY, APPELLANTS,
BRADLEY COLE, INDIVIDUALLY, AND ON BEHALF OF A CLASS, APPELLEE
896 So. 2d 778
Florida District Court of Appeal, First District (2004)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Affirmed. See Ware v. E. Louis Fields, PA, 477 So. 2d 667 (Fla. 4th DCA 1985). The fee awards that are the subject of this appeal are not to be duplicated in the future in this class action, should the class members prevail, even if it is perceived that the work done for these fees ultimate ly benefitted the entire class, not just the original plaintiffs.
BENTON, PADOVANO and HAWKES, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Cole v. Echevarria, 965 So. 2d 1228 (Fla. 1st DCA 2007)…xcluded from the Class. On appeal, this court affirmed the decision to certify a class but held that the trial court erred in limiting the class to those who had reinstated then-mortgages. See Echevarria, McCalla, Raymer, Barrett & Frappier v. Cole, 896 So. 2d 778 (Fla. 1st DCA 2004). As explained in the opinion, there was no rear sonable basis for excluding the plaintiffs who had lost their property in foreclosure while including those who had not. In the course of the appeal, the defendants speculated that…
Authorities Cited
- Levesque v. Voyager Cas. Ins. Co. & Fla. Ins. Guar. Ass'n, 477 So. 2d 667 (Fla. 4th DCA 1985)