SMITH LAKE SHORES VILLAGE, LLC, APPELLANT,
v.
MARION COUNTY, ET AL., APPELLEE
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Smith Lake Shores Village, LLC appealed the denial of its motion for class certification in a case challenging a Marion County fire rescue assessment. The Florida District Court of Appeal affirmed the trial court's decision, holding that Smith Lake was not a proper class representative due to inherent conflicts of interest with other class members.
The trial court properly denied class certification because Smith Lake occupied a position of conflict with other class members. The court was within its discretion to conclude that Smith Lake was not a proper class representative and to reject creating limitations on the class or subclasses.
[1] A trial court may deny class certification when the named plaintiff's interests are in conflict with the interests of other members of the proposed class.
[2] A named plaintiff's theory for invalidating an assessment, if disadvantageous to the plaintiff, may create a conflict of interest with other class members.
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“Smith Lake is in a position of conflict with other members of the class. Although Smith Lake seeks to invalidate the assessment and recover damages, which would benefit all members of the proposed class, they plainly have positions that are in conflict with other members of the proposed class.”
Establishes the central reason for denying class certification—inherent conflicts between the proposed class representative and other class members.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceSmith Lake Shores Village, LLC, a Michigan limited liability company, owns a manufactured home community in Marion County, Florida with 184 occupied m…
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Appellant, Smith Lake Shores Village, LLC [“Smith Lake”], appeals a non-final order that denied its motion for class certification. Smith Lake contends that the trial court erred by not certifying the proposed class or, in the alternative, by not limiting the class to be certified or creating subclasses.
Smith Lake is a Michigan Limited Liability Company registered to do business in the State of Florida. Smith Lake’s only asset in Florida is a manufactured home community known as Smith Lake Shores Village.1
In 2003, the Marion County Board of County Commissioners [“the Board”] adopted its Fire Rescue Assessment Ordinance, ordinance number 03-13, which created the Marion County Municipal Service Benefit Unit for Fire Rescue Services [“MSBU”]. Ordinance 03-13 adopted a special assessment to support fire rescue services within the MSBU. As a result of the assessment, Smith Lake filed their amended class action complaint, seeking an order adjudging that the fire rescue assessment was invalid. The amended complaint also sought a refund of the special assessment for the class, injunctive relief and other equitable relief “as the Court may deem necessary and appropriate.”
The trial court concluded that, based on the allegations of the complaint, Smith Lake was in a position of conflict with other members of the class. Although Smith Lake seeks to invalidate the assessment and recover damages, which would benefit all members of the proposed class, they plainly have positions that are in conflict with other members of the proposed class. Indeed, Smith Lake’s principal theory for invalidation of the assessment is that the apportionment methodology is arbitrary in ways that are disadvantageous to it. Also, any judicial determination of flaws in the assessment could subsequently result in changes that would reduce its own individual assessment to the detriment of others. There is a single aggregate assessment that will have to be paid and diminution of the share of any particu*597lar category of owner will result in a greater share of assessment for the others in the pool. The lower court was within its discretion to conclude that Smith Lake is not a proper representative for the proposed class, and to reject the invitation to create limits on the class or subclasses.
AFFIRMED.
ORFINGER and MONACO, JJ., concur.
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Disc. Sleep OF Ocala, LLC v. City OF Ocala, 245 So. 3d 842 (Fla. 5th DCA 2018)…efitted some class members, but harmed other members or when the economic interests and objectives of the named representatives differ significantly from those of other class members. Id. Relying on Smith Lake Shores Village, LLC, v. Marion County, 7 So. 3d 595 (Fla. 5th DCA 2009), the trial court determined that Appellants could not fairly and adequately represent the class because in the event Appellants prevail, the class members who pay ad valorem taxes would fund the judgment and benefit the class mem…
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Discount Sleep v. City of Ocala (Fla. 5th DCA 2018)…tted some class members, but harmed other members or when the economic interests and objectives of the named representatives differ significantly from those of other class members. Id. Relying on Smith Lake Shores Village, LLC, v. Marion County, 7 So. 3d 595 (Fla. 5th DCA 2009), the trial court determined that Appellants could not fairly and adequately represent the class because in the event Appellants prevail, the class members who pay ad valorem taxes would fund the judgment and benefit the class…