Holmes v. City of Palm Bay

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED BRENDA J. HOLMES, ON BEHALF OF HERSELF AND ALL OTHER PERSONS SIMILARLY SITUATED, Appellant, v. Case No. 5D16-2993 CITY OF PALM BAY AND GATSO USA, INC., Appellees. ________________________________/ Opinion filed June 15, 2018 Non-Final Appeal from the Circuit Court for Brevard County, John M. Harris, Judge. David M. Kerner and Jason D. Weisser, of Schuler, Halvorson, Weisser, Zoeller & Overbeck, P.A., and Andrew A. Harris, of Burlington & Rockenbach, P.A., West Palm Beach, for Appellant. Robert Alden Swift, Christina Bredahl Gierke and Christine A. Wasula, of Cole Scott & Kissane, P.A., Orlando, for Appellee Gatso USA, Inc. Erin J. O’Leary and Scott Danahy, of Garganese, Weiss & D’Agresta, P.A., Orlando, and Andrew P. Lannon, Patricia D. Smith, Peter J. Sweeney, Jr., Jill E. Jacobs, and Wendy L. Fisher, of Office of the City Attorney City of Palm Bay, Palm Bay, for Appellee City of Palm Bay. PER CURIAM. Brenda Holmes appeals a non-final order denying her motion to certify the class. We affirm the trial court’s order determining that Holmes failed to establish the typicality and predominance elements required under Florida Rule of Civil Procedure 1.220(a) and 1.220(b)(3), respectively. See Easter v. City of Orlando, 43 Fla. L. Weekly D1306 (Fla. 5th DCA June 8, 2018). We further conclude that there was no error in the trial court’s determination that Holmes failed to establish that she would be an adequate class representative. AFFIRMED. EVANDER, BERGER and EDWARDS, JJ., concur. 2

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