NEAL D. EVANS, JR., ET AL., PETITIONERS,
v.
ST. REGIS PAPER COMPANY, A CORPORATION ET AL., RESPONDENTS
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The Florida Supreme Court addressed whether a complaint alleging environmental pollution of the St. John's River could be dismissed for failure to state a cause of action when it was pleaded as a class action but contained valid individual claims. The Court held that complaints seeking class action status should not be dismissed for failure to state a cause of action if they allege a valid individual cause of action, and remanded for reconsideration under this standard.
A complaint seeking to plead a class action is not properly subject to dismissal for failure to state a cause of action if it in fact states a valid individual cause of action, even though the named plaintiffs fail to amend their complaint to eliminate class action allegations upon leave given.
[1] A class action complaint that fails to state a cause of action as a class action may not be dismissed if it states a valid individual cause of action, even if the named p…
[2] A complaint seeking to plead a class action should not be dismissed for failure to state a cause of action if it asserts a valid individual cause of action.
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Join FLexlaw to unlock all legal intelligence“a complaint seeking to plead a class action is not properly subject to dismissal for failure to state a cause of action if it in fact states a valid individual cause of action, even though the named plaintiffs fail to amend their complaint, so as to eliminate class action allegations, upon leave given.”
Establishes the core holding that improper class action pleading does not justify dismissal if valid individual claims exist
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Join FLexlaw to unlock all legal intelligencePetitioners attempted to institute a class action on behalf of all property owners in Duval County against twenty private companies and three municipa…
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[*297] DEKLE, Justice.
Petitioners attempted to institute a class action on behalf of all property owners in Duval County against respondents, twenty private companies and three municipalities, seeking money damages for the pollution of the St. John’s River.
The trial court dismissed the action as to Palatka and Green Cove Springs for lack of proper venue, and dismissed the action as to the remainder of the defendants for failure to state a cause of action, allowing plaintiffs 20 days to file an amended complaint on their own behalves, and not as a class action. Petitioners chose not to amend the complaint, and the cause was dismissed. The District Court affirmed, per curiam, on the authority of its Harrell v. Hess Oil and Chemical Corp., 272 So. 2d 542 (Fla.App.1st 1973), cert. granted 287 So. 2d 291 (Fla.1973).
Conflict exists between the decision of the 1st DCA in the instant action reported at 277 So. 2d 319 (Fla.App.1st 1973), and the decisions of Balbontin v. Porias, 215 So. 2d 732 (Fla.1968), and Gordon Finance, Inc. v. Belzaguy, 216 So. 2d 240 (Fla.App.3d 1968). We have jurisdiction pursuant to Art. V, § 3(b)(3), F.S.A., Fla.Const.
The trial court specifically found that the complaint here failed to allege the existence of a concert of action among the named defendants which would justify their joinder as joint tortfeasors. In great detail, the trial court also found that the factual considerations of the case would preclude a class action.
We agree with the trial court that no class action was properly plead in this cause. See Port Royal, Inc. v. Conboy, 154 So. 2d 734 (Fla.App.2d 1963), for requisites of pleading a class action suit.
However, we have determined in Harrell v. Hess Oil and Chemical Corp., 287 So. 2d 291 (Fla.1973), filed this day, that a complaint seeking to plead a class action is not properly subject to dismissal for failure to state a cause of action if it in fact states a valid individual cause of action, even though the named plaintiffs fail to amend-their complaint, so as to eliminate class action allegations, upon leave given. In the instant cause, it appears that the complaint was dismissed because it did not properly state a class action, but that the trial court did not reach the question of whether a valid individdal cause of action had been asserted.
We note, however, that neither the trial court nor the District Court of Appeal had the benefit of our decision in Hess Oil when they considered the present cause. Accordingly, this cause is remanded to the Circuit Court of Duyal County for reconsideration in light of our opinion in Harrell v. Hess Oil and Chemical Corp., 287 So. 2d 291 (Fla.1973), filed this day. .
It is so ordered.
CARLTON, C. J., and ADKINS, BOYD and McCAIN, JJ., concur.
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Wheeler v. State, 344 So. 2d 244 (Fla. 1977)…rts v. State, supra, refused to give the instruction. The decisional law in effect at the time an appeal is decided governs the issues raised on appeal, even where there has been a change of law since the time of trial. Evans v. St. Regis Paper Co., 287 So. 2d 296 (Fla.1973); Williams v. Wainright, 325 So. 2d 485 (Fla. 4th DCA 1975); Cosby v. State, 297 So. 2d 617 (Fla. 1st DCA 1974). In these circumstances, we are required to reverse appellant’s conviction. Because this case must be tried again, we reach th…
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Commodore Plaza AT Century 21 Condo. Ass'n, Inc. v. Cohen, 350 So. 2d 502 (Fla. 3d DCA 1977)…Case, 342 So. 2d 815 (Fla.1976). . This is the subject matter of appeal filed under Clerk’s File No. 77-536. . This is the subject matter of appeal filed under Clerk’s File No. 77-538. . In this connection, see: Evans v. St. Regis Paper Company, 287 So. 2d 296 (Fla.1973); also, Ch. 77-221, Laws of Florida (1977).…
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State v. Crose, 378 So. 3d 1217 (Fla. 2d DCA 2024)…v. State, 344 So. 2d 244, 245 (Fla. 1977) ("The decisional law in effect at the time an appeal is decided governs the issues raised on appeal, even where there has been a change of law since the time of trial." (citing Evans v. St. Regis Paper Co., 287 So. 2d 296 (Fla. 1973); Williams v. Wainwright, 325 So. 2d 485 (Fla. 4th DCA 1975); Cosby v. State, 297 So. 2d 617 (Fla. 1st DCA 1974))), the panel assigned to the case at bar found itself in the dilemma of having two recent, binding panel decisions that would…
Previewing 3 of 6 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)
- Harrell v. Hess OIL & Chem. Corp., 287 So. 2d 291 (Fla. 1973)
- Balbontin v. Porias, 215 So. 2d 732 (Fla. 1968)
- Gordon Fin., Inc. v. Belzaguy, 216 So. 2d 240 (Fla. 3d DCA 1968)
- Harrell v. Hess OIL & Chem. Corp., 272 So. 2d 542 (Fla. 1st DCA 1973)
- Morrow v. State, 277 So. 2d 319 (Fla. 1st DCA 1973)
- Evans v. ST. Regis Paper Co., 277 So. 2d 319 (Fla. 1st DCA 1973)