HILDRED SAMS, ON BEHALF OF HIMSELF AND ALL OTHERS SIMILARLY SITUATED, APPELLANT,
v.
WINN-DIXIE STORES, INC., A FLORIDA CORPORATION, APPELLEE
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A former employee brought a class action against Winn-Dixie Stores seeking recovery under an employee profit sharing plan on behalf of all striking employees who were permanently replaced. The trial court dismissed the complaint for failure to allege the necessary elements of a class action, and the appellate court affirmed, holding that the class members lacked the requisite community of interest because each employee's interests in the plan were independent and varied based on individual circumstances.
The court affirmed the dismissal, holding that the class action failed because the plaintiff did not establish the required community of interest. Each employee's interest in the profit sharing plan was independent and varied based on individual factors such as age, length of employment, contributions, and payment election, and no employee had a pecuniary interest in any other employee's rights under the plan.
[1] A class action requires that the named parties truly represent the class and possess the necessary community of interest.
[2] For a community of interest to exist in a class action, the plaintiff's interest must be co-extensive with the interests of the other members of the class.
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Join FLexlaw to unlock all legal intelligence“One of the essential elements of a class action is that the parties named truly represent the class and have the necessary community of interest; for the requisite community of interest to exist, it has been recognized generally that the interest of the plaintiff be co-extensive with the interests of the other members of the class.”
Establishes the legal standard for class action certification requiring community of interest and coextensive interests.
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Join FLexlaw to unlock all legal intelligenceHildred Sams, a former employee of Winn-Dixie Stores, filed a class action on behalf of himself and all employees who went on strike and were subseque…
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PER CURIAM.
Plaintiff-appellant by this interlocutory appeal seeks review of the trial court’s order granting defendant-appellee’s motion to dismiss this cause for failure to allege all the necessary elements of a class action.
Plaintiff-appellant, Hildred Sams, a former employee of the defendant, Winn-Dixie Stores, Inc., originally filed a class action on behalf of himself and all other employees who went on strike and as a result thereof permanently were replaced, to collect certain sums alleged to be due under the defendant-appellee’s employee profit sharing program. In response thereto, defendant Winn-Dixie moved to dismiss the complaint and as grounds therefor contended that plaintiff had failed to sufficiently allege the necessary requisites of a bonafide class action. This motion was denied and on appeal this court reversed and remanded the cause with directions to dismiss the complaint without prejudice. Thereafter, plaintiff-appellant filed an amended complaint in response to which defendant again filed a motion to dismiss. The court dismissed the complaint with prejudice for failure to allege all the necessary elements of a class action. Plaintiff-appellant appeals therefrom.1 We affirm.
One of the essential elements of a class action is that the parties named truly represent the class and have the necessary community of interest; for the requisite community of interest to exist, it has been recognized generally that the interest of the plaintiff be co-extensive with the interests of the other members of the class. See Watnick v. Florida Commercial Banks, Inc., Fla.App.1973, 275 So. 2d 278 and cases cited therein.
Turning to the case sub judice, we find that although there is a single comprehensive employee profit sharing plan in which each member of the alleged class participated, the interest of each employee therein differs depending upon his (or her) age, length of employment, contribution to the plan, election and mode of payment, etc. Thus, the requisite community of interest is lacking in the instant case as the interest of appellant in the profit sharing plan is independent of the interest of the other alleged members of the class, no employee in the class has a pecuniary interest in any of his fellow employee’s rights under the plan and there is no showing of a cooperative enterprise. Cf. Osceola Groves v. Wiley, Fla.1955, 78 So. 2d 700; Wilson v. First National Bank of Miami Springs, Fla.App.1971, 254 So. 2d 362; Federated Department Stores, Inc. v. Pasco, Fla.App.1973, 275 So. 2d 46; Watnick, supra; Equitable Life Assurance Society of the United States v. Fuller, Fla.App.1973, 275 So. 2d 568.
Accordingly, the order dismissing appellant’s complaint with prejudice is hereby affirmed.
Affirmed.
. We note that appellee cross-appealed an order denying its motion to dismiss for failure to join an indispensable party. However, in light of our disposition of the main point on appeal, it is not necessary for us to decide the cross-appeal.
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Frankel v. City OF Miami Beach, 340 So. 2d 463 (Fla. 1976)…rtment Stores, Inc. v. Pasco, 275 So. 2d 46 (Fla.App.3d 1973) (citing Osceola Groves; Wilson and Daniels); Watnick v. Florida Commercial Banks, Inc., 275 So. 2d 278 (Fla. App.3d 1973) (citing Osceola Groves and Wilson); Sams Winn-Dixie Stores, Inc., 294 So. 2d 337 (Fla.App.3d 1974) (citing Osceola Groves; Wilson; Pasco and Watnick); Randall v. General Accident Fire and Life Assurance Corp., Ltd., 296 So. 2d 61 (Fla. App.3d 1974) (citing Osceola Groves); Jackson v. Alterman Transport Lines, Inc., 301 So. 2d 79…
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S. Bell Tel. & Tel. Co. v. Wilson, 305 So. 2d 302 (Fla. 3d DCA 1974)…e parties who have not indicated their desire to be represented by the plaintiffs in a proposed class suit, the plaintiffs must show something more than the simple fact that they claim membership in the class. Sams v. Winn-Dixie, Inc., Fla.App.1974, 294 So. 2d 337 and Federated Dept. Stores v. Pasco, supra. Our review of this record convinces us that the appellees have failed to carry the burden of showing that they adequately represent the proposed class. For the reasons set forth, we reverse the order appe…
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Davidson v. Lely Ests., Inc., 330 So. 2d 528 (Fla. 2d DCA 1976)…the amounts of damages to which those aggrieved may be entitled, depending on essential facts which would vary as to each plaintiff. See, Port Royal, Inc. v. Canboy, Fla.App.2d 1963, 154 So. 2d 734; Sams v. Winn-Dixie Stores, Inc., Fla.App.3d 1974, 294 So. 2d 337.1 We hold, however, that the trial court erred in dismissing the plaintiffs’ complaint insofar as it set forth a claim for equitable relief, despite the fact that plaintiffs failed to allege a factual predicate for their prayer that the trial court…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Edelblut v. Grady, 78 So. 2d 700 (Fla. 1955)
- Osceola Groves, Inc. v. Wiley, 78 So. 2d 700 (Fla. 1955)
- Federated Dept. Stores, Inc. v. Pasco, 275 So. 2d 46 (Fla. 3d DCA 1973)
- The Equitable Life Assurance Soc'y OF the United States v. Fuller, 275 So. 2d 568 (Fla. 3d DCA 1973)
- Watnick v. Fla. Commercial Banks, Inc., 275 So. 2d 278 (Fla. 3d DCA 1973)
- Wilson v. First Nat'l Bank OF Miami Springs, 254 So. 2d 362 (Fla. 3d DCA 1971)
- Winn-Dixie Stores, Inc. v. Hildred Sams, 281 So. 2d 47 (Fla. 3d DCA 1973)