Gabrielle Goodwin v. Florida Agency For Health Care Administration, etal ( 2016 )


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  •                                       IN THE DISTRICT COURT OF APPEAL
    FIRST DISTRICT, STATE OF FLORIDA
    GABRIELLE GOODWIN,                    NOT FINAL UNTIL TIME EXPIRES TO
    FILE MOTION FOR REHEARING AND
    Appellant,                      DISPOSITION THEREOF IF FILED
    v.                                    CASE NO. 1D15-2142
    FLORIDA AGENCY FOR
    HEALTH CARE
    ADMINISTRATION, ET AL,
    Appellee.
    _____________________________/
    Opinion filed April 4, 2016.
    An appeal from the Circuit Court for Leon County.
    Angela C. Dempsey, Judge.
    Robert W. Pass, Martha Harrell Chumbler, and Christine Davis Graves of Carlton
    Fields Jorden Burt, P.A., Tallahassee, and Cyril Smith and William K. Meyer of
    Zuckerman Spaeder LLP, Washington, for Appellant.
    Cynthia L Hain, Assistant General Counsel, Agency for Health Care Administration,
    and Ashley E. Davis, Assistant Attorney General, for Appellee.
    PER CURIAM.
    Gabrielle Goodwin appeals a trial court’s order denying class certification.
    According to the parties’ request, this case is travelling with Ms. Goodwin’s appeal
    of an administrative order of the Florida Department of Children and Families that
    rejected her individual claim on the merits. She has acknowledged that the
    underlying claim in both cases are identical. Thus, in view of this court’s decision
    affirming DCF’s order denying her companion administrative challenge on the
    merits, Gabrielle Goodwin v. Florida Department of Children and Families, 1D12-
    4430, we conclude that Ms. Goodwin does not possess standing to represent the class
    in this case. See Sosa v. Safeway Premium Fin. Co., 
    73 So. 3d 91
    , 116-17 (Fla. 2011)
    (“To satisfy the standing requirement for a class action claim, the class
    representative must illustrate that a case or controversy exists between him or her
    and the defendant, and that this case or controversy will continue throughout the
    existence of the litigation.”).
    AFFIRMED.
    THOMAS, OSTERHAUS, and BILBREY, JJ., CONCUR.
    2
    

Document Info

Docket Number: 15-2142

Filed Date: 4/3/2016

Precedential Status: Precedential

Modified Date: 4/4/2016