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SAFEWAY PREMIUM FINANCE CO. v. SOSA

No. 3D06-2579.

15 So.3d 8 (2009)

SAFEWAY PREMIUM FINANCE COMPANY, a Florida corporation, Appellant, v. Lazaro E. SOSA, in his own right and on behalf of all persons similarly situated, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing En Banc Denied August 28, 2009.

Attorney(s) appearing for the Case

Colodny, Fass, Talenfeld, Karlinsky & Abate, and Maria Elena Abate, and Krista S. Kovalcin, Fort Lauderdale, for appellant.

Equels Law Firm and Thomas K. Equels; Alvarez Almazan and Rodriguez and Benjamin R. Alvarez, Miami, for appellees.

Before GERSTEN, C.J., and SHEPHERD and SUAREZ, JJ.

SUAREZ, J.

Safeway Premium Finance Company appeals the trial court's order certifying a class action. Lazaro E. Sosa's Motion for Certification alleges that Safeway violated section 627.840(3)(b), Florida Statutes (2002), by overcharging Sosa and other Safeway customers. We find that Sosa failed to allege sufficiently a knowing violation of the statute, and therefore his claim is not an appropriate claim for a class action. We reverse the granting of the Motion for...

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