Goldfarb v. Insurance Co. of North America

This is an appeal from a non-final order denying a designation of a matter in the trial court as a class action.

*587We affirm for two reasons. First, the plaintiff was estopped by the doctrine of the “law of the case” from now urging that the claims of the several plaintiffs and of the class, are common, having previously argued successfully before the local federal district court judge that they were separate.1 See and compare U.S. Gypsum Co. v. Columbia Cos. Co., 124 Fla. 633, 169 So. 532 (1936); Dickerson v. Shikany, 485 So.2d 11 (Fla. 3d DCA 1986); Alford v. Summerlin, 423 So.2d 482 (Fla. 1st…