Opinion
Nos. 98-2882, 99-269
Opinion filed March 24, 1999. JANUARY TERM, A.D. 1999
An appeal of a non-final order from the Circuit Court of Dade County, Lawrence A. Schwartz, Judge; L.T. No. 98-14509.
On Petition for Writ of Certiorari from the Circuit Court for Dade County, Paul Siegel, Judge.
Hayden Milliken and William B. Milliken, for appellant/petitioner.
Zebersky Payne and Edward Zebersky (Hollywood), for appellee/respondent.
Before SCHWARTZ, C.J. and GERSTEN and FLETCHER, JJ.
The order on appeal in case no. 98-2882, which certifies a class action, is reversed because the record discloses no predominance of common questions over questions affecting only individual class members in this case. See Fla.R.Civ.P. 1.220(a),(b)(3); Mathieson v. General Motors Corp., 529 So. 761 (Fla. 3d DCA 1988); Maner Properties, Inc. v. Siksay, 489 So.2d 842 (Fla. 4th DCA 1986); Costin v. Hargraves, 283 So.2d 375 (Fla. 1st DCA 1973). Case no. 99-269 is remanded to the trial court with instructions to reconsider the orders which are the subject thereof in light of our decision in case no. 98-2882.
Reversed and remanded.