Summary
affirming the trial court's nonfinal order certifying a class but noting that "because the order is interlocutory, it may be revisited by the trial court should circumstances change"
Summary of this case from Engle v. Liggett Group, Inc.Opinion
Case No. 1D03-987.
Opinion filed December 11, 2003.
An appeal from the circuit court for Duval County. Charles O. Mitchell, Jr., Judge.
Daniel C. Shaughnessy and Robert P. Eshelman, II, of Robert P. Eshelman, II, P.A., Jacksonville, for Appellant.
Stephen B. Gallagher, Edward L. Birk, Sonya H. Hoener, of Marks Gray, P.A., Jacksonville; David E. Breskin, Claudia Kilbreath, Anne-Marie E. Sargent of Short Cressman Burgess PLLC, Seattle, Washington; Michael F. Coppins of Coppins Monroe, P.A., Tallahassee, for Appellees.
Appellant seeks review of a non-final order certifying a class. We have jurisdiction. Art. V, § 4(b)( 1), Fla. Const.; Fla.R.App.P. 9.130(a)(3)(C)(vi). We conclude that the trial court correctly applied the applicable law, and that it did not abuse its discretion. Accordingly, we affirm. We note that, because the order is interlocutory, it may be revisited by the trial court should circumstances change. Fla.R.Civ.P. 1.220(d)(1).
AFFIRMED.
KAHN, WEBSTER and VAN NORTWICK, JJ., CONCUR.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED.