Murga v. United Property & Casualty Insurance Co.

I respectfully dissent. This is an appeal from an order granting a motion to dismiss the class action complaint. The trial court’s order does not explain or detail the judge’s grounds for dismissal.

Assuming, as the majority does, that the trial court dismissed the complaint for failure to meet the Rule 1.220 criteria applicable to class actions, the order doing so is completely defective.1 Rule 1.220(d)(1) of the Florida Rules of Civil Procedure requires that the court conduct a hearing “as soon as practicable after service of any pleading alleging the existence of a class.” Fla. R. Civ. P.…