Antonio Osborne and Angelia Osborne v. Gregory Emmer, Trustee of the Equitymax, Inc. Pension Plan

Antonio and Angelia Osborne appeal a non-final order denying class certification. The Osbornes raise two arguments. First, they argue the trial court applied the wrong legal standard by denying class certification on the grounds that they ¡did not pursue class representation as soon as practicable after pleading a class, as required by Florida Rule of Civil Procedure 1.220(d)(1). Second, they complain that the trial court did not consider evidence and make findings of fact.

Because the extensive delay in this case supports the court’s finding- that the Os-bornes did not satisfy rule 1.220 by…