JAMES D. OWNBY, ETC., APPELLANTS/CROSS-APPELLEES,
v.
CITRUS COUNTY, FLORIDA, CITRUS SPRINGS, ETC., ET AL., APPELLEES/CROSS-APPELLANTS
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The court affirmed the denial of class certification because the proposed class representative failed to establish adequacy of representation, but reversed the denial of intervention by alternative class representatives who met all criteria for class membership.
A trial court does not abuse its discretion in denying class certification when the proposed class representative fails to establish adequate representation, but abuses its discretion in denying intervention by qualified class members absent stated reasons.
[1] Intervention in a class action should be liberally allowed absent a valid reason for denial, and a trial court abuses its discretion when it denies intervention without s…
Previewing 1 of 1 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“Intervention is ordinarily liberally allowed absent some valid reason for denial.”
The court cited Department of Children and Family Services v. Brunner for the principle that intervention should be freely permitted unless a valid reason exists to deny it.
James Ownby sought class certification in a lawsuit against Citrus County and related entities. When the trial court denied class certification, Ferna…
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In this consolidated appeal, Appellant James Ownby challenges the trial court’s denial of class certification. Appellants Fernando and Edith Monroy challenge the denial of a subsequent motion for the Mon-roys to intervene and be substituted as class representatives. The cross appeal was abandoned. This Court has jurisdiction pursuant to Florida Rule of Appellate Procedure 9.130(a)(2)(vi).
Finding no abuse of discretion, we affirm the trial court’s determination that class certification should be denied because the proposed class representative failed to establish that he would adequately represent the putative class. However, we do conclude that the trial court abused its discretion in denying the motion to intervene. Intervention is ordinarily liberally allowed absent some valid reason for denial. Department of Children and Family Services v. Brunner, 707 So.2d 1197, 1198 (Fla. 1st DCA 1998). Here, the trial court gave no reason for denying the intervention and none is apparent to us. The case met all the criteria for class certification except the adequacy of the proffered representative. The intervening parties were members of the very large, putative class. Although the litigation had been pending for some time, the case had not been set for trial, and there is no indication that the intervention would delay the proceeding.
AFFIRMED IN PART; REVERSED IN PART AND REMANDED.
TORPY and LAWSON, J.J., and COBB, W., Senior Judge, concur.
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Citator
Cited By
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Larrain Troncoso v. Ossandon Larrain, 273 So. 3d 1117 (Fla. 3d DCA 2019)
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Browning v. Angelfish Swim Sch., Inc., 100 So. 3d 1 (Fla. 3d DCA 2011)…) establishes the requirements for class certification: numerosity, commonality, typicality, and adequacy of the proposed class representatives. Here, the trial court erred in its determination on the adequacy requirement. See Ownby v. Citrus Cnty., 13 So. 3d 136 (Fla. 5th DCA 2009); Browning v. Angelfish Swim Sch., Inc., 1 So. 3d 355 (Fla. 3d DCA 2009). Accordingly, since the adequacy threshold requirement for class certification was not satisfied, we reverse and remand with instructions to vacate the ord…
Authorities Cited
- Dep't of Child. & Fam. Servs. v. Brunner, 707 So. 2d 1197 (Fla. 1st DCA 1998)