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PORSCHE CARS NORTH AMERICA, INC. v. DIAMOND

No. 3D12-2829.

140 So.3d 1090 (2014)

PORSCHE CARS NORTH AMERICA, INC., etc., Appellant, v. Peter DIAMOND, et al., Appellees.

District Court of Appeal of Florida, Third District.

June 11, 2014.

Attorney(s) appearing for the Case

DLA Piper LLP, and William F. Kiniry, Jr. , Philadelphia, and Fredrick H.L. McClure and E. Colin Thompson , Tampa, for appellant.

Eaton & Wolk, PL, and Douglas F. Eaton and William G. Wolk , Miami, for appellees.

Before LAGOA, SALTER, and LOGUE, JJ.

LOGUE, J.

We have for review a trial order certifying a class action against Porsche Cars North America, Inc. ("Distributor"). In analyzing whether common issues will predominate over individual issues, the trial court used an outdated definition of unfair trade practices. When the updated definition is used, common issues will not predominate. We accordingly reverse and remand.

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