MURGA v. UNITED PROPERTY & CAS. INS. CO. No. 3D05-2295.
941 So.2d 482 (2006)
Alain MURGA, Individually and on behalf of all other similarly situated Plaintiffs, Appellant, v. UNITED PROPERTY & CASUALTY INSURANCE COMPANY, Appellee.
District Court of Appeal of Florida, Third District.
November 1, 2006.
Mary E. Kestenbaum and David J. Pettinato, Tampa, for appellant.
James C. Kelley, Miami, for appellee.
Before WELLS, CORTIÑAS, and LAGOA, JJ.
Alain Murga appeals from an order dismissing his class action complaint against insurer United Property & Casualty Insurance Company. Rule 1.220 of the Florida Rules of Civil Procedure governing pleadings in class action cases requires the plaintiff to allege the existence of a class; to define the alleged class; to specify the approximate number of class members; and to "demonstrate that the four prerequisites specified in rule 1.220(a) are satisfied and that the action meets the criteria for one of the three types of class actions defined in rule 1.220(b)." Bobinger v. Deltona Corp., 563 So.2d 739, 742 (Fla. 2d DCA 1990). Murga's complaint demonstrates that his claim cannot satisfy the criteria of any of the three types of actions defined in Rule 1.220(b). Because amendment in this case would be futile, the action was properly dismissed. See Kay's Custom Drapes, Inc. v. Garrote, 920 So.2d 1168, 1171 (Fla. 3d DCA 2006)(quoting Kimball v. Publix Super Mkts., Inc., 901 So.2d 293, 296 (Fla. 2d DCA 2005), observing
Accordingly, the order under review is affirmed.
LAGOA, J., concurs.
CORTIÑAS, Judge (dissenting).
I respectfully dissent. This is an appeal from an order granting a motion to dismiss the class action complaint. The trial court's order does not explain or detail the judge's grounds for dismissal.
Assuming, as the majority does, that the trial court dismissed the complaint for failure to meet the Rule 1.220 criteria applicable to class actions, the order doing so is completely defective.
Here, the trial court's order does not contain a single finding of fact or any conclusion of law. In fact, the trial court's order does not even cite to the rule under which dismissal is being granted. On its face, the trial court's order is completely defective and, as such, cannot be affirmed.
In my opinion, the majority puts the proverbial cart before the horse in conducting what is essentially a de novo review of the propriety of appellant's class action allegations without any indication that the allegations were properly considered and ruled upon by the trial court. Such a review is entirely inconsistent with the applicable standard of review for appeals of trial court decisions on class certification. United Auto. Ins. Co. v. Diagnostics of S. Fla., Inc., 921 So.2d 23, 25 (Fla. 3d DCA 2006)(stating that a trial court's order certifying a class is reviewed for abuse of discretion) (citations omitted). An abuse of discretion review, which is required in this case, does not and can not entail performing the functions of a trial
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