Jacksonville Ticket Class Action

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NOTICE OF CLASS CERTIFICATION

NOTICE IS HEREBY GIVEN that the Circuit Court for the Fourth Judicial Circuit in and for Duval County Florida certified the following class on July 23, 2007, and the order of certification was affirmed by the First District Court of Appeal on September 29, 2008. This Notice is given by Order of Court, the Honorable Lance M. Day, Circuit Judge:

“All individuals who received noncriminal traffic citations in the Consolidated City of Jacksonville at any time after August 20, 1999, who were not cited to appear before an official at a scheduled hearing as required by section 318.14(1) and 318.15(1(a) of the Florida Statutes, but against whom the Clerk of Courts nonetheless issued a Form D-6, pursuant to section 318.15(1) of the Florida Statutes, notifying the Department of Highway Safety and Motor Vehicles (“DHSMV”) that their driver’s licenses needed to be administratively suspended, and who thereafter paid penalties, service charges, and/or fees pursuant to sections 28.24(8), 318.18(8), and 322.21(8) of the Florida Statutes, to clear the Form D-6 and reinstate their licenses.”

The plaintiff, Mr. Truncale claims that the Clerk of Courts improperly notifies the DHSMV to suspend the licenses of ticketed drivers, even though the drivers have not been cited to appear before an official and have not failed to appear for a scheduled hearing. The Clerk of Courts denies that he is obligated to cite ticketed drivers to appear before an official and contends that he is authorized and required to notify the DHSMV to suspend licenses even if ticketed drivers have not failed to appear for a scheduled hearing. He also alleges additional defenses. The Court has not made a final determination as to the outcome of the case.

You are not required to do anything to be a member of this class or to participate in this suit. The Court has appointed George G. Mahfood, Carl H. Lida, and A. Russell Smith as counsel for the Class. However, if you wish, you may have your own lawyer enter an appearance on your behalf on or before April 1, 2009. If you are a member of this class you will be bound by the Court’s final decision.

If you wish to obtain more information about this matter, you may visit the web site of Mr. Mahfood’s law firm, Broad and Cassel, at www.broadandcassel.com. A copy of the complaint, the Court’s opinion certifying the class, and other information about the case, is available under CASE UPDATES - JACKSONVILLE TICKET CLASS ACTION.

FOR THE COURT

JIM FULLER, CLERK OF THE COURTS

If you have any questions regarding this lawsuit, you may contact class counsel at Broad and Cassel: George G. Mahfood 305-373-9427 or gmahfood@broadandcassel.com.

George G. Mahfood
BROAD AND CASSEL
21ST Floor
One Biscayne Tower
2 South Biscayne Boulevard
Miami, Florida 33131
305.373.9400