WINN-DIXIE STORES, INC., A FLORIDA CORPORATION, APPELLANT,
v.
HILDRED SAMS, ON BEHALF OF HIMSELF AND ALL OTHERS SIMILARLY SITUATED, APPELLEE
Explore caselaw by topic → Browse Pleading Requirements cases and more on FLexlaw
Appellant defendant seeks review of the trial court’s denial of its motion to dismiss' this class action.1 We reverse.
We have carefully considered the briefs, arguments of counsel and the record before us and must agree that the appellee has failed to sufficiently allege the necessary requisites of a bona fide class action. Port Royal, Inc. v. Convoy, Fla.App.1963, 154 So.2d 734. Merely, “touching all the bases”, so to speak, with general allegations is an insufficient foundation for a true class action. See, Hendler v. Rogers House Condominium, Inc., Fla.App.1970, 234 So.2d 128, and cases cited therein. Moreover, it is the responsibility of the plaintiff to provide to the court any documents upon which his alleged cause of *48action is based. R.C.P. 1.130, 30 F.S.A. Accordingly, the order of the trial court denying appellant’s motion to dismiss is reversed with directions for the trial court to dismiss appellee’s complaint without prejudice to the filing of an amended complaint.
Reversed and remanded with directions.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Parkway Gen. Hosp., Inc. v. Allstate Ins. Co., 393 So. 2d 1171 (Fla. 3d DCA 1981)…v. Tampa Music Co., 262 So. 2d 17, 19 (Fla. 2d DCA 1972). Even without that allegation in the complaint, a prejudicial dismissal would have been improper. See, e. g., Conklin v. Cohen, 287 So. 2d 56, 60 (Fla. 1973); Winn-Dixie Stores, Inc. v. Sams, 281 So. 2d 47 (Fla. 3d DCA 1973). Allstate’s third argument is that the third party beneficiary theory asserted by plaintiff in Count V of the complaint cannot be extended to create some separate cause of action on behalf of the hospital or physician. Plaintiff…
-
Hildred Sams v. Winn-Dixie Stores, Inc., 294 So. 2d 337 (Fla. 3d DCA 1974)
-
Armstrong v. PET Memorials, Inc., 301 So. 2d 150 (Fla. 4th DCA 1974)…icles of incorporation of Pet Memorials. Since appellee’s cause of action is based in part on those provisions, the articles should have been attached to the complaint as an exhibit. Rule 1.130(a), RCP; Winn-Dixie Stores, Inc. v. Sams, Fla.App.1973, 281 So. 2d 47. In any event they should have been proved by certification on the motion for summary judgment. In addition, the affidavits in support of the motion do not prove the allegation that the appellee received no consideration for the stock. Finally, appe…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Port Royal, Inc. v. Conboy, 154 So. 2d 734 (Fla. 2d DCA 1963)
- Freddy J. Hendler v. The Rogers House Condo., 234 So. 2d 128 (Fla. 4th DCA 1970)