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NORWEGIAN CRUISE LINES v. ROSE

No. 3D00-1012.

784 So.2d 1248 (2001)

NORWEGIAN CRUISE LINES Limited d/b/a Norwegian Cruise Lines, Appellants, v. Judith ROSE and Charles R. Ault, on behalf of themselves and others similarly situated, Appellees.

District Court of Appeal of Florida, Third District.

May 16, 2001.

Attorney(s) appearing for the Case

Mase & Gassenheimer and Catherine J. MacIvor, Miami, for appellants.

Grossman & Goldman and William M. Julien (Boca Raton), for appellees.

Before SCHWARTZ, C.J., and GODERICH and FLETCHER, JJ.

PER CURIAM.

Norwegian Cruise Lines, Limited, has appealed an order of the trial court, which order grants class certification. The class thus created consists of all paying passengers who consumed water and/or food unfit for human consumption and were thus made ill on the M/S Royal Odyssey during their voyages.1

We conclude that the class certification is improper because of insufficient commonality. See Ulysses Cruises, Inc...

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