District Court of Appeal of Florida

In a class action suit brought against an insurer seeking to recover under insurance policies for losses incurred during the 2004 hurricane season, an order denying intervention to appellants, who sought unsuccessfully to be heard in opposition to a motion to certify the class, is reversed where, because the denial of the motion to intervene effectively denied appellants even the opportunity to oppose certification as a mandatory class, the judge abused his discretion in denying their motion to intervene as named parties. Further, the order certifying the class is vacated and the matter remanded for reconsideration with the full participation of intervenors.

Appellate Information

• Decided 12/21/2006
• Published 12/21/2006

Judges

• BENTON, J.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Charles F. Beall, Jr. of Moore, Hill & Westmoreland, P.A., Pensacola, and Terrie L. Didier of Beggs & Lane, RLLP, Pensacola, for Appellants.


• For Appellees:
  
• John Beranek of Ausley & McMullen, Tallahassee, and Stuart R. Michelson of the Law Office of Stuart R. Michelson, Fort Lauderdale, for Appellees Scylla Properties, LLC and William D. Clark, Jr., and G. Alan Howard and Robert M. Dees of Milam, Howard, Nicandri, Dees & Gillam, P.A., Jacksonville, for Appellee Citizens Property Insurance Corporation.