Fort Walton Beach Council agenda — 08-08-2006 ‎(executive)‎ — reading text

Carnival lse Lines, Inc., 741 M. D. Fla. 1996), favorably citing I< ornberg v. Crr.: F. 2d 1332, 13'37 ( 11th Cir. 1984), cer~. denied, 470 U. S. 1004 ( 1985); Appleyard v. Wallace, 7C)4 F. 2d 955, 958 ( 11th Cir. 1985). See Powell v. lU.var Ra.1ch Property Ot.mer-5' Association, 522 So. 2d 69, 70 ( Fla. 2d DCA 1988). ir espective of plait}tiff or defendant class, it is the consistency of effect on the former and the uniformity of creation and application of the latte~ b~! virtue of Chapter 205, Fla. Stat. as the only authot. ' ity for the creation of the challenged occupational tax. See, in contrast, Easter v. American West Financial, 381 F. 3d948 ( 9th Cir. 2Q04) { where plaintiff class members did not each have usurious loans with each of the named defendants). In addition to the Court' s finding, as above, that the claims are the Court also must find that there is an absence of an adverse typical, interest between the representative parties and the absent class members to whom they owe a duty. That absence of conflict is best demonstrated if the claim or defenses of the class representatives would be the same or substantially similar to those reasonablye~pected to be raised by the absent clas~ members were they each to assert individually their owoclaim or defenses. It is clea.r to this Court that the claims of these class representatives meet that standard. General Telephone of the Southwest v. Falcon, 457 U. S. 147, note 13 at 157 ( 1982); In re Infant Formula, 1992 ~ lL 503465, at 5. The CO:Irt. perceives no such conflict O.t' ad'.. rerse interest. Thus, the court finds that the typicality requirement has been satisfied for both classes. V. ADEQUACY The adequacy element of the class action rule requires the Court to be satisfied that counsel in this action for each class will fairly protect the interest of the class he serves. The record in this cause to date well 0).. 5425 Pagc 8 of t 6 Pages 1'1109. 8 of l' 1'. 9.# Cua No. satisfies the Court that counsel on both sides of this case are qualified, and the necessary professional skills to represent their experienced, possess Office of the of Tampa Attorney nor the respective classes. Neither the City team or counsel representing the plaintiffs and their class possess any interest to each other or to their respective classes. adverse or antagonistic The extensive authoritative Cdse law regarding the adequacy issue may be properly summarized as follows: The adequate representat.ive inquiry involves questions of whether [ counsel] are qualified, experienced and generally able to conduct the proposed litigation; and whether { the named parties] have interests antagonistic to those of the rest of the Class." TA Charles Alan Wright and Arthur R. Miller, Federal Practice and Procedure 326 ( 2d ed. 1986} i Herbert Newberg and Alba Conte, Newberg on Class S1768 at Actions, ~ 3. 5 at 3- 139 to 141; S3. 26 at 3- 143 to 144 ( 3d ed. 1992), and cases cited therein. VI. PREDOMINANCE Class actions in which a plaintiff class seeks damages are dealt with b) ( 3) class. The case now before the Court is a hybrid of universally as a ( and seeks sorts because it primarily seeks injunctive and declaratory relief, a refund as ancillary relief. Thus, the ( b) ( 2) class customarily associated equitable relief not be completely with those specie of cases seeking may sufficient for this Court' s proper adjudication. The plaintiffs offered to present proof and argument of predominance. The Court accepted that proffer, to discuss that criterion of the class action rule. and now proceeds of Rule 1. 220 ( a) for both The Court finds that all four prerequisites class and the defendant class are satisfied in this case. the plaintiff the Court' s attention now turns to Rule 1. 220( b) for an Consequently, of the additional criteria which determine whether a class action assessment Once the threshold of Rule 1. 220 ( a) has been cros.sed, the may be maintained. least of law or fact common to a court then determines whether at one question substantial number of class members can be said to predominate over questions Page 9 of 16 Pages P& 9- 9 of l' 11'& 9.. cu. No. 03-$ OS affecting only individual members. In this action, that determination must be made with respect to each class.