MARIE DEININGER AND ARTHUR F. HACKNEY, III, ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED, APPELLANTS,
v.
PALM BEACH COUNTY FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, APPELLEE
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The Fourth District Court of Appeal reversed a trial court's denial of class certification in a Sunshine Law case, holding that county employees who were terminated or disciplined through secret meetings could proceed as a class based on the common legal violation, regardless of the varying reasons for their individual terminations.
The court reversed the denial of class certification, holding that the employees satisfied all four requirements for class certification under Florida Rule of Civil Procedure 1.220(a). The trial court erred by focusing on the varying reasons for individual terminations rather than the common legal theory—violation of the Sunshine Act through secret meetings.
[1] A class action may be certified when the claims arise from the same course of conduct and are based on the same legal theory, even if the specific reasons for individual…
[2] The typicality requirement for class certification is met when the named plaintiffs' claims share the same essential characteristics as the claims of the class members, f…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Plaintiffs argue that the trial court misapprehended the basis for seeking class certification, which is that the secret meetings used by the county for terminating or demoting employees violated the .Sunshine Law. They argue, correctly, that the trial court should have been concerned with whether the claims arise from the same course of conduct and are based on the same legal theory.”
Establishes the proper legal standard for typicality in class certification—focusing on common legal theory rather than individual circumstances
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Join FLexlaw to unlock all legal intelligenceTwo county employees, Deininger and Hackney, challenged disciplinary actions taken against them through a process involving secret panel meetings. Dei…
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KLEIN, J.
In Dascott v. Palm Beach County, 877 So. 2d 8 (Fla. 4th DCA 2004), this court held that there was a violation of Florida’s Sunshine Act, section 286.011(1), Florida Statutes (2003), when a panel deliberating the termination of a county employee met in private. Now two county employees who went through the same process filed this action seeking remedies for violations of the Sunshine Act. They seek to make this a class action to include other county employees who were either terminated or disciplined under the same procedure.
The trial court denied class certification on the ground that the two plaintiffs’ claims are not typical of the claims of the other members of the class, explaining that plaintiff Deininger was demoted because she lacked sufficient qualifications in her current position and plaintiff Hackney was terminated for allegedly violent behavior, reasons which were not typical of the reasons for termination of other employees.
Plaintiffs argue that the trial court misapprehended the basis for seeking class certification, which is that the secret meetings used by the county for terminating or demoting employees violated the .Sunshine Law. They argue, correctly, that the trial court should have been concerned with whether the claims arise from the same course of conduct and are based on the same legal theory. McFadden v. Staley, 687 So. 2d 357 (Fla. 4th DCA 1997). None of the arguments raised by the county persuade us that the four requirements under Florida Rule of Civil Procedure 1.220(a) for class certification, numerosity, commonality, typicality and adequacy of representation, have not been met. The order denying class certification is reversed.
STONE, J. and REYES, ISRAEL U., Associate Judge, concur.
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Citator
Authorities Cited
- McFADDEN v. Staley, 687 So. 2d 357 (Fla. 4th DCA 1997)
- Dascott v. Palm Beach Cnty., 877 So. 2d 8 (Fla. 4th DCA 2004)