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Legal Opinion · Concurrence

SAFEWAY PREMIUM FINANCE CO. v. Sosa

District Court of Appeal of Florida

Decided April 8, 2009No. 3D06-2579Published

1ConcurrenceShepherd, J.

I agree the proposed class action in this case fails to satisfy the requirements of Florida Rule of Civil Procedure 1.220. I write only to further clarify why I believe that to be true on the facts of this case.

The trial court defined the class in this case as:

All persons in the State of Florida who since December 10, 1999[,] entered into *12a premium financing agreement with SAFEWAY PREMIUM FINANCE COMPANY and were assessed an additional charge in excess of twenty dollars ($20) during one or more 12-month periods ... [and] who had [not] had their policy cancelled due to nonpayment within the…

2Cases cited16 opinions

  1. General Telephone Co. of Southwest v. FalconSupreme Court of the United States · 1982
  2. Broin v. Philip Morris Companies, Inc.District Court of Appeal of Florida · 1994
  3. KIA MOTORS AMERICA CORPORATION v. ButlerDistrict Court of Appeal of Florida · 2008
  4. Humana, Inc. v. CastilloDistrict Court of Appeal of Florida · 1999
  5. Execu-Tech Business Systems, Inc. v. Appleton Papers Inc.District Court of Appeal of Florida · 1999

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