RALPH CHERIN, SUING ON BEHALF OF HIMSELF AND ALL OTHERS SIMILARLY SITUATED, PETITIONER,
v.
SOUTHERN STAR LAND AND CATTLE COMPANY, INC., ETC. ET AL., RESPONDENTS
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, Inc. v. Wiley, 78 So. 2d 700 (Fla.1955). Intending to afford this Court a vehicle for review so that we could consider the desirability of continued adherence to the fraud class action rule enunciated in Osceola Groves, the district court certified this case to us as one which passed upon a question of great public importance. After having considered the arguments of counsel, we conclude that the record in this case does not establish sufficient facts for us to adequately respond to the certified question.
Accordingly, we respectfully decline to accept jurisdiction in this case.
It is so ordered.
SUNDBERG, C. J., and ADKINS, BOYD, OVERTON, ALDERMAN and MCDONALD, JJ., concur. ENGLAND, J., dissents.
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McCRAE v. State, 437 So. 2d 1388 (Fla. 1983)…denied, 263 So. 2d 829 (Fla.1972); Austin v. State, 160 So. 2d 730 (Fla. 2d DCA 1964). Therefore, a Rule 3.850 motion based upon grounds which either were or could have been raised as issues on appeal may be summarily denied. E.g., Foster v. State, 400 So. 2d 1 (Fla.1981); Edwards v. State, 364 So. 2d 119 (Fla. 1st DCA 1978); Jenkins v. State, 267 So. 2d 886 (Fla. 2d DCA 1972). In addition to issues that were raised on appeal and those which could have been raised, which are not proper grounds, a motion u…
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Foster v. State, 614 So. 2d 455 (Fla. 1992)…motel. The next morning Anita Rogers went to the Sheriffs Department and reported what had happened.... Foster, 369 So. 2d at 928-29. The trial court denied relief on Foster’s first postconviction motion, and this Court affirmed. Foster v. State, 400 So. 2d 1 (Fla. 1981). In addition, federal courts denied Foster relief on two federal habeas petitions. Foster v. Dugger, 823 F. 2d 402 (11th Cir.1987), cert. denied, 487 U.S. 1241, 108 S.Ct. 2915, 101 L.Ed.2d 946 (1988); Foster v. Strickland, 707 F. 2d 1339…1 / 2
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Foster v. State, 810 So. 2d 910 (Fla. 2002)…ial court sentenced him to death. See id. at 931. Foster’s conviction and sentence were affirmed by this Court. See id. at 932. This Court subsequently affirmed the trial court’s denial of Foster’s first post-conviction motion, see Foster v. State, 400 So. 2d 1 (Fla.1981), and also affirmed the trial court’s denial of Foster’s second post-conviction motion. See Foster v. State, 518 So. 2d 901 (Fla.1987). However, this Court granted Foster’s habeas petition and remanded for a new sentencing proceeding based…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- 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)
- Cherin v. S. Star Land & Cattle Co. Inc., 390 So. 2d 104 (Fla. 3d DCA 1980)
- Thomas v. State, 390 So. 2d 104 (Fla. 3d DCA 1980)