Jones v. Thomas
| Decision Date | 06 April 1989 |
| Docket Number | No. 72563,72563 |
| Citation | 541 So.2d 112,14 Fla. L. Weekly 199 |
| Parties | 14 Fla. L. Weekly 199 Rebert JONES, et al., Petitioners, v. Arthur E. THOMAS, et al., Respondents. |
| Court | Florida Supreme Court |
Application for Review of the Decision of the District Court of Appeal--Direct Conflict of Decisions, Fifth District--Case No. 86-1131 (Osceola County).
Lee Jay Colling and Douglas B. Beattie of Colling & Beattie, P.A., Orlando, for petitioners.
Johnie A. McLeod of McLeod, McLeod & McLeod, P.A., Apopka, for respondents.
John T. Allen, Jr. and Christopher P. Jayson of John T. Allen, Jr., P.A., St. Petersburg, amicus curiae for Federation of Mobile Home Owners of Florida, Inc.
Alan C. Sundberg, Sylvia H. Walbolt and Lacy R. Harwell, Jr. of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., Tallahassee, amicus curiae for Club Wildwood Mobile Home Village.
Jack M. Skelding, Jr. and David D. Eastman of Parker, Skelding, McVoy & Labasky, Tallahassee, amicus curiae for Florida Manufactured Housing Ass'n, Inc.
We have for review Thomas v. Jones, 524 So.2d 693 (Fla. 5th DCA 1988), based upon conflict with Lanca Homeowners, Inc. v. Lantana Cascade, 541 So.2d 1121 (Fla. 1988). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We quash the opinion of the district court.
Petitioners, mobile home owners (residents), filed a class action against respondents, mobile home park owners, alleging unconscionable lot rental increases. The trial court determined that the claim was maintainable as a class action and ruled in favor of the residents. The district court, on rehearing en banc, reversed, concluding that unconscionability claims are too individualized for treatment in the class action format. We disagree. In Lanca Homeowners, we ruled that a claim of unconscionable rental increase in a mobile home park setting is suitable for resolution in a class action. Accordingly, we quash the opinion of the district court.
It is so ordered.
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Harpster v. J.T.A., Inc.
...in the class action format. Based on our decision in Lanca Homeowners, we quashed the district court decision in Thomas. Jones v. Thomas, 541 So.2d 112 (Fla.1989). Accordingly, we quash the decision of the district court and remand for proceedings consistent with this It is so ordered. EHRL......