RALPH CHERIN, SUING ON BEHALF OF HIMSELF AND ALL OTHERS SIMILARLY SITUATED, APPELLANTS,
v.
SOUTHERN STAR LAND AND CATTLE COMPANY INC., ETC., ET AL., APPELLEES
PER CURIAM.
The order striking the plaintiff’s claim for failure to assert a class action for fraud is affirmed. Frankel v. City of Miami Beach, 340 So. 2d 463 (Fla. 1976) and Osceola Groves v. Wiley, 78 So. 2d 700 (Fla. 1955).
The Supreme Court, in Frankel v. City of Miami Beach, supra, has expressed doubt as to the desirability of continued adherence to the fraud class action rule enunciated in Osceola Groves, supra, and we are not privileged to overrule a principle enunciated by the Supreme Court. We therefore certify this question to the Supreme Court as one which passes upon a question of great public importance, so as to afford it a vehicle for review as provided for in Article V, Section 3(b)(4) of the Florida Constitution.
Affirmed.
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Cherin v. S. Star Land & Cattle Co., Inc., 400 So. 2d 1 (Fla. 1981)…PER CURIAM. The District Court of Appeal, Third District, in Cherin v. Southern Star Land and Cattle Company, Inc., 390 So. 2d 104 (Fla.3d DCA 1980), affirmed an order of the trial court striking the plaintiff’s class action claim for fraud. The district court cited as authority for its affirmance Frankel v. City of Miami Beach, 340 So. 2d 463 (Fla.1976), and Osceola Groves, In…
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Lance v. Wade, 424 So. 2d 161 (Fla. 3d DCA 1983)…sapproved class actions for fraud. Furthermore, in Cherin v. Southern Star Land & Cattle Co., 400 So. 2d 1 (Fla.1981), the court declined to answer the certified question presented by the appellate court in Cherin v. Southern Star Land & Cattle Co., 390 So. 2d 104 (Fla. 3d DCA 1980) or to overrule Osceola Groves. The doubt expressed by the supreme court in Frankel regarding adherence to the rule enunciated in Osceola Groves, and Justice England’s comments in his dissent in Avila South Condominium, suggest a…
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Thomas v. State, 402 So. 2d 18 (Fla. 3d DCA 1981)…al and are hereby summarily denied on the authority of Doerr v. State, 275 So. 2d 592 (Fla. 4th DCA 1973); Clements v. State, 310 So. 2d 420 (Fla. 3d DCA 1975); Neal v. State, 349 So. 2d 844 (Fla. 2d DCA 1977). Affirmed. . See: Thomas v. State, 390 So. 2d 104 (Fla. 3d DCA 1980).…
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- Frankel v. City OF Miami Beach, 340 So. 2d 463 (Fla. 1976)
- Edelblut v. Grady, 78 So. 2d 700 (Fla. 1955)
- Osceola Groves, Inc. v. Wiley, 78 So. 2d 700 (Fla. 1955)