Soper v. Tire Kingdom, Inc.

Because I conclude that we should recede from our decision in Sosa v. Safeway Premium Finance Co., 73 So.3d 91 (2011), I would not quash the Third District’s decision on review. Sosa marked a sea change in Florida’s law governing class actions. The majority’s decision here illustrates the deleterious consequences of Sosa in expanding class actions to contexts where they should not be available. I therefore dissent.

The Sosa majority’s decision misapplied Florida Rule of Civil Procedure 1.220(a). The Sosa majority erred in concluding that the class representative was not required to show that…