New World Condominium Apartments Condominium Association, Inc. v. Lawonda Breedlove, et al.
The Third DCA affirmed class certification, holding the trial court did not abuse its discretion in finding the proposed class definition adequately defined and clearly ascertainable. The definition specified a particular group harmed in a particular time, place, and manner using objective geographic, temporal, and legal criteria capable of administrative determination.
Key facts
- A January 28, 2023 fire destroyed the New World Condominium and displaced its tenants and occupants.
- The proposed class alleged the condominium association's failure to maintain the common elements caused the fire and sought relocation costs and personal-property losses.
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Holdings
- A proposed class definition is adequately defined and ascertainable if it specifies a particular group harmed during a particular time frame, in a particular location, in a particular way…
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Why it matters
This opinion provides Florida class-action practitioners with guidance on drafting ascertainable class definitions, confirming that common legal terms like 'tenant' and 'lawfully resided,' paired with a specific date… — full analysis with a trial
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