Easter v. City of Orlando

Summary

The Florida Fifth District Court of Appeal affirmed the denial of class certification in a suit seeking refunds of fines imposed under Orlando's unconstitutional red-light camera ordinance. The court held that the voluntary payment defense could be considered at the class-certification stage and that individual differences among payors defeated commonality, typicality, predominance, and superiority. The court also concluded that class treatment would not be superior because most proposed class members likely could not recover under the voluntary payment doctrine.

Holdings

1. The voluntary-payment defense was controlling and the trial court properly considered it in determining whether to certify the class.
2. The trial court properly found that Easter failed to establish commonality and typicality because his claim involved a materially different course of conduct and defense analysis from that of most proposed class members.
3. The trial court properly found that Easter failed to establish predominance because overcoming the voluntary-payment defense would require highly individualized factual inquiries.
4. The trial court properly found that Easter failed to establish superiority because class notice and proceedings would consume substantial resources while most class members would ultimately be barred from recovery by the voluntary-payment defense.

Questions Presented

1. Whether the voluntary-payment defense could be considered in deciding whether to certify a class seeking refunds of fines imposed under an ordinance later held invalid.
2. Whether the circuit court abused its discretion by finding that Easter failed to establish commonality, typicality, predominance, and superiority under Florida Rule of Civil Procedure 1.220.

Disposition

affirmed