8 Fla. L. Weekly Supp. 186a
Insurance — Third-party beneficiaries — Class actions — Certification of class — Plaintiff whose vehicle was damaged in accident with defendant’s insured alleging that insurer breached terms of contract by using non-original equipment manufacturer parts in its estimate because non-OEM parts are inferior per se and not of “like kind and quality” to parts they replaced — Plaintiff’s motion to act as class representative in nationwide class action denied for lack of standing
Additional ruling in this case at 11 Fla. L. Weekly Supp. 229a
JACQUES CASAS, on behalf of himself and all others similarly situated, Plaintiff, vs. UNITED SERVICES AUTOMOBILE ASSOCIATION, Defendant. Circuit Court, 17th Judicial Circuit in and for Broward County. Case No. 99-15664 (09). November 15, 2000. Robert Lance Andrews, Judge.
ORDER[Original Opinion at 8 Fla. L. Weekly Supp. 101a]
THIS CAUSE having come before the Court on the Plaintiff’s Motion for Clarification and the Court having considered same, and being otherwise fully advised in premises, finds and decides as follows:
On October 17, 2000, this Court denied the Plaintiff’s Motion to serve as the representative of a nationwide class. Nothing in the underlying motion referred to possible certification of a statewide class. As such this Court ruled only on the motion before it, that is, whether the Plaintiff could serve as representative of a nationwide class, which this Court denied. Since there was no motion for certification of a statewide class, the Order of October 17, 2000 does not serve to foreclose the Plaintiff from moving to certify a statewide class. At such time as this Court has before it a motion to certify a statewide class, this Court will consider the merits of such motion.
Furthermore, the Plaintiff suggests that in deciding the Motion for nationwide class certification, this Court ruled on the merits of the Plaintiff’s claim, in violation of the Plaintiff’s due process rights. This is an incorrect interpretation of the Court’s Order. The Court has made no decision with regard to the merits of the Plaintiff’s claim. What this Court did find was that Mr. Casas did not have the ability to represent a nationwide class, because Mr. Casas could not possibly prove that the non-OEM parts received by putative class members, scattered throughout the United States, were not of like kind and quality to OEM parts, under the laws of those individual states. Whether or not the Plaintiff’s claim has any merit, under Florida law, was not considered by this Court. Therefore, the suggestion that this Court somehow violated the Plaintiff’s due process rights is without merit, and there is no need to strike any portion of the aforementioned Order.
Accordingly, it is hereby
ORDERED AND ADJUDGED that the Order of this Court dated October 17, 2000 was a denial of the Plaintiff’s request to represent a nationwide class only.
It is further ORDERED AND ADJUDGED that the Order of this Court dated October 17, 2000 did not contain any findings as to the merits of Plaintiff’s claim, but only as to the Plaintiff’s ability to act as a representative of a nationwide class.
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