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HUMANA, INC. v. CASTILLO

No. 98-01992.

728 So.2d 261 (1999)

HUMANA, INC., a Delaware corporation, Humana Medical Plan, Inc., a Florida corporation f/d/b/a Humana Health Plan Of Florida, Inc.; and Humana Health Plan Of Florida, Inc., Appellants, v. Israel CASTILLO, Lorenzo Ruiz, Irene Breitenfeld, Hiram Mott, and Ralph Philpot, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied March 8, 1999.

Attorney(s) appearing for the Case

Edward M. Waller, Jr., Hala A. Sandridge, and Elizabeth A. Boland of Fowler, White, Gillen, Boggs, Villareal & Banker, P.A., Tampa, for Appellants.

Jonathan L. Alpert, William J. Cook and David Ferrentino of Alpert, Barker & Rodems, P.A., Tampa, for Appellees.

CAMPBELL, Acting Chief Judge.

Appellants (Humana) challenge the trial court order finding that appellees' action against Humana qualified as a class action suit. We reverse.

Appellees brought this action for rescission and damages allegedly arising from their enrollment in appellants' (Humana) Gold Plus Plan, a Medicare health maintenance organization (HMO). Appellees allege that Humana misrepresented and/or failed to disclose the terms of its arrangements...

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