Summary
reversing certification of class of cruise ship passengers who became ill by ship's food and water due to "insufficient commonality"
Summary of this case from Liggett Group Incorp. v. EngleOpinion
No. 3D00-1012.
Opinion filed May 16, 2001.
An appeal of a non-final order from the Circuit Court of Dade County, Norman S. Gerstein, Judge. Lower Tribunal Case No. 98-1648.
Reversed and Remanded.
Mase Gassenheimer and Catherine J. MacIvor, for appellants.
Grossman Goldman and William M. Julien (Boca Raton), for appellees.
Before Schwartz, C.J., and Goderich and Fletcher, JJ.
Norwegian Cruise Lines, Limited, has appealed an order of the trial court, which order grants class certification. The class thus created consists of all paying passengers who consumed water and/or food unfit for human consumption and were thus made ill on the M/S Royal Odyssey during their voyages.
Three separate voyages were involved.
We conclude that the class certification is improper because of insufficient commonality. See Ulysses Cruises, Inc. v. Calves, 728 So.2d 363 (Fla. 3d DCA 1999). The case is remanded to the trial court with instructions to enter its order decertifying the class.
Schwartz, C.J., and Fletcher, J., Concur.
I respectfully dissent. The class certification was proper.See Broin v. Philip Morris Companies, Inc., 641 So.2d 888 (Fla. 3d DCA 1994), review denied, 654 So.2d 919 (Fla. 1995).