Legal Opinion

Bawtinhimer v. D.R. Horton, Inc.

District Court of Appeal of Florida

Decided October 10, 2014No. 5D13-2580PublishedCited by 1 opinion

1Opinion of the CourtWallis, J.

Appellants, Jonathan Bawtinhimer and Geoffrey Fortunato, appeal the trial court’s order denying class certification of their eight-claim action against Appellees, D.R. Horton, Inc. and DHI Mortgage Co., Ltd. The trial court’s order denied class certification on all eight claims in a single-page analysis, which explained that Appellants’ demand for rescission of all contracts between Appellees and putative class members rendered the action inappropriate for class litigation. We affirm.

*540We write only to address the dissent’s position that Florida law requires a trial court to address a request…

Also in this document: Concurrence.

2Cases cited10 opinions

  1. James v. City of DallasCourt of Appeals for the Fifth Circuit · 2001
  2. Bolin v. Sears, Roebuck & Co.Court of Appeals for the Fifth Circuit · 2000
  3. Broin v. Philip Morris Companies, Inc.District Court of Appeal of Florida · 1994
  4. Pirelli Armstrong Tire Corp. v. Dynegy, Inc.District Court, S.D. Texas · 2005
  5. Barton-Malow Co. v. BauerDistrict Court of Appeal of Florida · 1993

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3Cited by1 opinion

  1. State of Florida v. Jean Paul Yanes-BlancoDistrict Court of Appeal of Florida · 2025

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