Concert Plantation, LLC v. Dorso
The Second District affirmed certification of a class of roughly 750 former equity members of a golf and country club seeking refunds of membership fees allegedly impaired by a 2016 bylaw amendment. The majority held that the unresolved common question of when refund rights vested predominated, that affirmative defenses peculiar to individual members do not defeat predominance, and that variation in damages is not a basis to deny certification. A lengthy dissent argued typicality, adequacy, and predominance failed and that subclasses relied on to cure predominance must be defined and certified at the time of class certification.
Key facts
- Concert Plantation, LLC and others sought to appeal a trial court's certification of a class of approximately 750 former equity members of a golf and country club.
- The class members alleged they were entitled to refunds of membership fees that were impaired by a 2016 bylaw amendment, and the trial court certified the class action.
- +2 more key facts with a free trial
Why it matters
Useful authority for plaintiffs' class counsel resisting the common defense argument that individualized affirmative defenses and differing damages defeat predominance under rule 1.220(b)(3). The opinion also endorses… — full analysis with a trial
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