Legal Opinion

Browning v. Angelfish Swim School, Inc.

District Court of Appeal of Florida

Decided January 28, 2009No. 3D08-1827PublishedCited by 11 opinions

1Opinion of the CourtSalter, J.

The Secretary of State of Florida, Kurt Browning, appeals a circuit court order certifying a class of corporate plaintiffs asserting that late annual report and reinstatement fees paid to the Secretary by them violated the Excessive Punishments section of the Florida Constitution. See Art. I, § 17, Fla. Const.1 We affirm the *357class certification order insofar as it addresses three of the four threshold requirements imposed by Florida Rule of Civil Procedure 1.220(a) — these three are commonly referred to as numerosity, commonality, and typicality. We reverse and remand regarding the fourth…

2Cases cited6 opinions

  1. Hudson v. United StatesSupreme Court of the United States · 1997
  2. United States v. 817 N.E. 29th DriveCourt of Appeals for the Eleventh Circuit · 1999
  3. Brooks v. Southern Bell Telephone & Telegraph Co.District Court, S.D. Florida · 1990
  4. Holzendorf v. BellDistrict Court of Appeal of Florida · 1992
  5. Florida Department of Agriculture & Consumer Services v. CoxDistrict Court of Appeal of Florida · 2006

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3Cited by11 opinions

  1. Tom Hawk v. Pershing, L.L.C.Court of Appeals for the Fifth Circuit · 2019
  2. Gaff v. R.J. Reynolds Tobacco Co.District Court of Appeal of Florida · 2013
  3. Tire Kingdom, Inc. v. DishkinDistrict Court of Appeal of Florida · 2011
  4. Antonio Osborne and Angelia Osborne v. Gregory Emmer, Trustee of the Equitymax, Inc. Pension PlanDistrict Court of Appeal of Florida · 2016
  5. Browning v. Angelfish Swim School, Inc.District Court of Appeal of Florida · 2011

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