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FLORIDA DEPT. OF TRANSP. v. MALLARDS COVE

Nos. 2D13-181, 2D13-336.

159 So.3d 927 (2015)

FLORIDA DEPARTMENT OF TRANSPORTATION, Appellant, v. MALLARDS COVE, LLP, for itself and all others similarly situated, Appellee. Paula S. O'Neil, Clerk of the Court of Pasco County, Appellant, v. Mallards Cove, LLP, for itself and all others similarly situated, Appellee.

District Court of Appeal of Florida, Second District.

March 6, 2015.

Attorney(s) appearing for the Case

Gregory G. Costas and Marc A. Peoples , Assistant General Counsels, Tallahassee, for Appellant, Department of Transportation.

Dennis J. Alfonso of McClain, Alfonso & Meeker, P.A., Dade City, for Appellant, Paula S. O'Neil, Clerk of the Circuit Court of Pasco County.

Christa L. Collins of Christa L. Collins, LLC, Tampa; Jackson H. Bowman of Moore, Bowman & Rix, P.A., Tampa; and Kenneth B. Bell of Gunster, Yoakley & Stewart, P.A., Tallahassee, for Appellees.

Fred W. Baggett and M. Hope Keating of Greenberg Traurig, P.A., Tallahassee, for Amicus Curiae, Florida Association of Court Clerks.

David P. Ackerman and Lanelle K. Meidan of Ackerman, Link & Sartory, P.A., West Palm Beach; and Anthony P. Pires, Jr. , of Woodward, Pires & Lombardo, P.A., Naples, for Amicus Curiae, Dwight E. Brock, Clerk of the Circuit Court of Collier County.

In this consolidated appeal, the Florida Department of Transportation (the DOT) and the Clerk of the Court of Pasco County (the Clerk), Appellants, seek review of a nonfinal order granting class certification and appointing Mallards Cove, LLP, as class representative. Mallards Cove filed a class action complaint asserting that...

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