Ortiz v. Ford Motor Co., 3D04-2020.
Decision Date | 24 August 2005 |
Docket Number | No. 3D04-2020.,3D04-2020. |
Citation | 909 So.2d 479 |
Parties | Fredy ORTIZ, Appellant, v. FORD MOTOR COMPANY, Appellee. |
Court | Florida District Court of Appeals |
Boies, Schiller & Flexner and H. Stephen Rash (Miami), and Cynthia M. Christian (Orlando); Don Barrett and Charles F. Barrett (Lexington, MS); Lieff, Cabraser, Heimann & Bernstein (San Francisco, CA); Milberg Weiss Bershad Hynes & Lerach and Brad N. Friedman and Elizabeth Berney (New York, NY); Cohen & Malad and Irwin Levin and Richard Shevitz (Indianapolis, IN); Ricci-Leopold and Theodore Leopold (Palm Beach Gardens); Bernstein, Liebhard & Lifshitz and Keith M. Fleischman (New York, NY); Stephen J. Goldstein (Bay Harbor Islands), for appellant.
O'Melveny & Myers and Stephen J. Harburg and Morgen A. Sullivan and Charles E. Borden (Washington, D.C.); Carlton Fields and Wendy F. Lumish (Miami), for appellee.
Before RAMIREZ and CORTIÑAS, JJ., and SCHWARTZ, Senior Judge.
The plaintiff, a putative class representative, appeals from the following order denying class certification, with which we fully agree:
I.
Plaintiff, Fredy Ortiz, on behalf of all plaintiffs sued Defendant, Ford Motor Co. for unjust enrichment in an amended class action complaint alleging he overpaid for his 1998 Ford Explorer beyond its true value due to the Defendant's concealment of a design defect. The Plaintiff's vehicle had a design defect in that it was prone to rollover while cornering while its Firestone tires were inflated at the recommended tire pressure. This design defect was not disclosed to consumers in Defendant's marketing prior to August 9, 2000. Thus, the Plaintiff seeks a partial refund of its purchase price. The Plaintiff seeks statewide class certification. The issue before this Court was whether the class representation satisfied the required elements of numerosity, commonality, typicality, adequacy, predominance and superiority under Fla. R. Civ. P. 1.220.
II.
CONCLUSIONS OF LAW
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...that Florida "firmly aligned [itself] with" the jurisdictions holding that defect manifestation is required in Ortiz v. Ford Motor Co. , 909 So.2d 479 (Fla. Dist. Ct. App. 2005). See Kia , 985 So.2d at 1139. But Ortiz did not clearly so hold. Instead, the court there simply found that the d......
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In re Gen. Motors LLC
...that Florida "firmly aligned [itself] with" the jurisdictions holding that defect manifestation is required in Ortiz v. Ford Motor Co., 909 So.2d 479 (Fla. Dist. Ct. App. 2005). See Kia, 985 So.2d at 1139. But Ortiz did not clearly so hold. Instead, the Court there simply found that that th......
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Rollins, Inc. v. Butland
...a rigorous analysis to determine that the elements of rule 1.220, the class action rule, have been met. See Ortiz v. Ford Motor Co., 909 So.2d 479, 480 (Fla. 3d DCA 2005). First, the trial court must conclude that a plaintiff has established the prerequisites to class representation describ......
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Simmons v. Ford Motor Company
...for class action treatment." See, e.g., id. (citing Klay , 382 F.3d at 1267 ; Rollins , 951 So. 2d at 876–77 ; Ortiz v. Ford Motor Co. , 909 So. 2d 479, 481 (Fla. 3d DCA 2005) (noting that "the equities surrounding each class member's [interaction with the defendant] is [sic] not the same")......