Miami Automotive Retail, Inc. v. Baldwin

On Motion for Rehearing

ROTHENBERG, J.

We deny the appellee’s motion for rehearing, but withdraw this Court’s opinion, dated June 15, 2011, and issue the instant opinion in its stead to clarify this Court’s findings.

This is an appeal from a non-final order certifying a class of automobile buyers who traded in a vehicle when they purchased a vehicle at Miami Automotive Retail (“MAR” or “Brickell Honda”), and MAR incorrectly estimated the amount owed on the trade-in vehicle. Because individual questions of law and fact predominate, and class representation is not superior to other available…