Hess Corp. v. Denise Grillasca & Kelly Mayzik, 34 Fla. L. Wkly D2629b (Fla. 2d DCA Dec. 23, 2009)

In this consumer class action case, the trial court certified a class against gas stations for failing to provide notice of a temporary hold on customers’ bank accounts after a debit transaction.The appellate court reversed because, under Rule 1.220(b), there were individualized differences among the members of the putative class.The differences included the fact that some customers 1) received notice of the hold and/or 2) incurred damages in the form of overdraft charges, while others did not.

Hess Corp. v. Denise Grillasca & Kelly Mayzik, 34 Fla. L. Wkly D2629b (Fla. 2d DCA Dec. 23, 2009)