Goodwin v. Fla. Agency for Health Care Admin.

Full title: GABRIELLE GOODWIN, Appellant, v. FLORIDA AGENCY FOR HEALTH CARE…

Court: DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA

Date published: Apr 4, 2016

CASE NO. 1D15-2142 (Fla. Dist. Ct. App. Apr. 4, 2016)

Opinion

CASE NO. 1D15-2142

04-04-2016

GABRIELLE GOODWIN, Appellant, v. FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION, ET AL, Appellee.

Robert W. Pass, Martha Harrell Chumbler, and Christine Davis Graves of Carlton Fields Jorden Burt, P.A., Tallahassee, and Cyril Smith and William K. Meyer of Zuckerman Spaeder LLP, Washington, for Appellant. Cynthia L Hain, Assistant General Counsel, Agency for Health Care Administration, and Ashley E. Davis, Assistant Attorney General, for Appellee.

PER CURIAM.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED An appeal from the Circuit Court for Leon County.
Angela C. Dempsey, Judge. Robert W. Pass, Martha Harrell Chumbler, and Christine Davis Graves of Carlton Fields Jorden Burt, P.A., Tallahassee, and Cyril Smith and William K. Meyer of Zuckerman Spaeder LLP, Washington, for Appellant. Cynthia L Hain, Assistant General Counsel, Agency for Health Care Administration, and Ashley E. Davis, Assistant Attorney General, for Appellee. PER CURIAM.

Gabrielle Goodwin appeals a trial court's order denying class certification. According to the parties' request, this case is travelling with Ms. Goodwin's appeal of an administrative order of the Florida Department of Children and Families that rejected her individual claim on the merits. She has acknowledged that the underlying claim in both cases are identical. Thus, in view of this court's decision affirming DCF's order denying her companion administrative challenge on the merits, Gabrielle Goodwin v. Florida Department of Children and Families, 1D12-4430, we conclude that Ms. Goodwin does not possess standing to represent the class in this case. See Sosa v. Safeway Premium Fin. Co., 73 So. 3d 91, 116-17 (Fla. 2011) ("To satisfy the standing requirement for a class action claim, the class representative must illustrate that a case or controversy exists between him or her and the defendant, and that this case or controversy will continue throughout the existence of the litigation.").

AFFIRMED. THOMAS, OSTERHAUS, and BILBREY, JJ., CONCUR.