RICHARDSON v. GYVES

No. 4D03-4913.

874 So.2d 658 (2004)

Zachary RICHARDSON, Donald Radcliff, David Sass, Robert Steiler Ronald Shindler, Marc Steinberg and Alan Sklar, Petitioners, v. Stephen GYVES, Richard Francis, James Spero, Bonnie Dalton, Fruins Pharmacy, John Hicks, Pat Patterson, Roger Porter, James Taylor and Robert Oman, on behalf of themselves and all others similarly situated, Respondents.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 23, 2004.


Attorney(s) appearing for the Case

Matthew Triggs and Mary F. April of Proskauer Rose, LLP, Boca Raton, for petitioner Zachary Richardson.

Jonathan B. Butler of Steel, Hector & Davis, LLP, West Palm Beach, and Lewis F. Murphy of Steel, Hector & Davis, LLP, Miami for petitioners Donald Radcliff, David Sass, Robert Steiler, Ronald Shindler, Marc Steinberg, and Alan Sklar.

Robert D. Critton, Jr., and Rita Budnyk of Burman, Critton, Luttier & Coleman, West Palm Beach, for respondents.


PER CURIAM.

The issue presented by this petition for certiorari is whether, before a class action is certified, discovery on the merits of the claim, which is not relevant to the issue of class certification, should be permitted. While the petitioner's suggested sequence of discovery makes good sense, we do not reach the merits of the issue because the petitioner has failed to demonstrate irreparable harm. In re Estate...

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