HOLMES
v.
CITY OF PALM BAY
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A plaintiff seeking class certification must establish typicality, predominance, and adequacy of representation under Florida Rule of Civil Procedure 1.220(a) and 1.220(b)(3).
[1] A plaintiff must establish the requirements of typicality, predominance, and adequacy of representation under Florida Rule of Civil Procedure 1.220(a) and 1.220(b)(3) to…
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Join FLexlaw to unlock all legal intelligenceBrenda Holmes sought to certify a class in an action against the City of Palm Bay and Gatso USA, Inc. The trial court denied her motion to certify the…
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Robert Alden Swift, Christina Bredahl Gierke and Christine A. Wasula, of Cole Scott & Kissane, P.A., Orlando, for Appellee Gatso USA, Inc. Erin J. O’Leary and Scott Danahy, of Garganese, Weiss & D’Agresta, P.A., Orlando, and Andrew P. Lannon, Patricia D. Smith, Peter J. Sweeney, Jr., Jill E. Jacobs, and Wendy L. Fisher, of Office of the City Attorney City of Palm Bay, Palm Bay, for Appellee City of Palm Bay.
PER CURIAM. Brenda Holmes appeals a non-final order denying her motion to certify the class.
We affirm the trial court’s order determining that Holmes failed to establish the typicality and predominance elements required under Florida Rule of Civil Procedure 1.220(a) and 1.220(b)(3), respectively. See Easter v. City of Orlando, 43 Fla. L. Weekly D1306 (Fla. 5th DCA June 8, 2018). We further conclude that there was no error in the trial court’s determination that Holmes failed to establish that she would be an adequate class representative.
AFFIRMED.
EVANDER, BERGER and EDWARDS, JJ., concur.
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Citator
Cited By
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Holmes v. City of Palm Bay, 43 Fla. L. Weekly D1306 (Fla. 5th DCA 2018)
Authorities Cited
- Holmes v. City of Palm Bay, 43 Fla. L. Weekly D1306 (Fla. 5th DCA 2018)