MILDRED PAULA RANDALL, APPELLANT,
v.
GENERAL ACCIDENT FIRE AND LIFE ASSURANCE CORPORATION LTD., ET AL., APPELLEES
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The court held that the appellant's complaint did not allege a proper class action because it involved distinct contracts, distinguishing it from precedent allowing class actions for uniform grievances.
[1] A class action complaint must allege a proper predicate for its maintenance, and a trial court may dismiss a complaint for failure to state a cause of action if it does n…
[2] A taxpayer action attacking a single ordinance affecting all members of a class equally is distinguishable from a case involving several distinct contracts.
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Join FLexlaw to unlock all legal intelligenceAppellant paid an insurance premium to a carrier for goods shipment, which was insured by appellees. Appellant filed a class action suit alleging the …
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BOARDMAN, Judge.
The appellant entered into a written agreement with Terminal Van Lines, Inc. (Terminal), a common carrier and not a party here, for the shipment of goods. This agreement included the option to pay $10.50 to Terminal, as agent for appellees, for $3,000 insurance coverage on the goods shipped. The option was elected by the appellant, Mildred Randall. At the time of this shipment, and prior thereto, Terminal had its own contract of insurance with the appellees insuring Terminal against liability to shippers for damage to goods during transit. Appellant filed a class action against the appellees (who insure Terminal under a pooling arrangement) contending that the appellees could not lawfully collect a premium from shippers if the insurer was at the same time writing liability insurance coverage for the common carrier. Appellees moved to dismiss the complaint for lack of jurisdiction over the subject matter and for failure to state a cause of action in that the complaint does not allege a proper predicate for maintenance of a class action. After proper hearing, the trial court found that the appellant’s complaint did not allege a proper class action and granted the appellees’ motion without prejudice to further amendment by the appellant. Plaintiff declined to plead further and the trial court entered final judgment for appellees. This timely appeal followed.
The appellant relies heavily on Port Royal, Inc. v. Conboy, Fla.App.2nd, 1963, 154 So. 2d 734, as authority that the complaint filed does state a proper class action. This reliance is misplaced. Port Royal, supra, is a taxpayer action attacking a single ordinance which affected all member? of the class equally and is patently distinguishable from the case at bar on the facts. In that case, the court recognized the oft cited case of Osceola Groves, Inc. v. Wiley, Fla.1955, 78 So. 3d 700, as controlling in situations where there were several, distinct contracts, as is the case here. Accordingly, under the law of the Osceola Groves case, supra, the order appealed is-
Affirmed.
HOBSON, Acting C. J., and GRIMES, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Frankel v. City OF Miami Beach, 340 So. 2d 463 (Fla. 1976)…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 795 (Fla.App.3d 1974) (citing Watnick which relied upon Osceola Groves and Wilson and Pasco which relied upon Osceola Groves, Wilson and Daniels). In…
Authorities Cited
- Port Royal, Inc. v. Conboy, 154 So. 2d 734 (Fla. 2d DCA 1963)