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COMMONWEALTH LAND TITLE INS. CO. v. HIGGINS

Nos. 1D10-2139, 1D10-2114.

58 So.3d 280 (2011)

COMMONWEALTH LAND TITLE INSURANCE COMPANY, Appellant, v. Kenneth E. HIGGINS and Deete Higgins, on Behalf of Themselves and All Others Similarly Situated, Appellees. First American Title Insurance Company, Appellant, v. James V. Raffone and Patricia Raffone, on Behalf of Themselves and All Others Similarly Situated, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied March 30, 2011.

Attorney(s) appearing for the Case

Sylvia Walbolt of Carlton Fields, Tallahassee; Marty J. Solomon , Mark A. Brown , and Joseph Hagedorn Lang, Jr. , Tampa for Appellant Commonwealth Land Title Insurance Company.

John S. Mills of The Mills Firm, P.A., Jacksonville; P. Scott Russell of P. Scott Russell, P.A., Jacksonville; Jeffrey M. Liggio of Liggio, Benrubi & Williams, West Palm Beach; and Stanley Grossman of Pomerantz Huadek Block Grossman & Gross, New York, NY, for Appellees Kenneth E. Higgins and Deete Higgins.

Arthur J. England, Jr. , Greenberg Traurig, P.A., Miami; Reed W. Grimm and Rhonda B. Boggess of Taylor Day Currie Boyd Johnson, Jacksonville; Charles A. Newman of Sonnenschein Nath & Rosenthal, LLP, St. Louis, MO; Thomas R. Tatum of Brinkley, McNerney, Morgan, Solomon & Tatum, Fort Lauderdale; and Douglas W. King of Brayn Cave LLP, St. Louis, MO., for Appellant First American Title Insurance Company.

John S. Mills of The Mills Firm, P.A., Jacksonville; P. Scott Russell of P. Scott Russell, P.A., Jacksonville; and Robert J. Axelrod of Pomerantz Haudek, Block, Grossman & Gross, New York, NY, for Appellees James V. Raffone and Patricia Raffone.

ROBERTS, J.

These appeals arise from two virtually identical non-final orders from the trial court granting the appellees' motions for class certification. As the appeals raise the same issue regarding the propriety of class certification, they have been consolidated for disposition in this opinion.

The appellants are Florida licensed title insurance underwriters. The appellees are homeowners who sued the appellants on their own behalf and on behalf of a putative...

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