Browning v. Angelfish Swim School, Inc.

Kurt S. Browning, the Secretary of the State of Florida, appeals from an order granting Angelfish Swim School, Inc., and Steak On The Run, Inc.’s motion for class certification in an action challenging late fees and reinstatement fees charged to corporations. We reverse.

Florida Rule of Civil Procedure 1.220(a) 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);…