OSBORNE v. EMMER

No. 4D15-1761.

184 So.3d 637 (2016)

Antonio OSBORNE and Angelia Osborne, Appellants, v. Gregory EMMER, Trustee of the Equitymax, Inc. Pension Plan, Appellee.

District Court of Appeal of Florida, Fourth District.

February 3, 2016.


Attorney(s) appearing for the Case

Tim B. Wright of Wright, Ponsoldt & Lozeau Trial Attorneys, L.L.P., Stuart, for appellant.

Laurel R. Wiley and Lauren B. Feffer of Rosenbaum Mollengarden PLLC, West Palm Beach, for appellee.


Antonio and Angelia Osborne appeal a non-final order denying class certification. The Osbornes raise two arguments. First, they argue the trial court applied the wrong legal standard by denying class certification on the grounds that they did not pursue class representation as soon as practicable after pleading a class, as required by Florida...

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