E. J. FRANKEL ET AL., APPELLANTS,
v.
CITY OF MIAMI BEACH, A MUNICIPAL CORPORATION, CREATED AND EXISTING UNDER THE LAWS OF THE STATE OF FLORIDA, APPELLEE
E. J. FRANKEL ET AL., APPELLANTS,
CITY OF MIAMI BEACH, A MUNICIPAL CORPORATION, CREATED AND EXISTING UNDER THE LAWS OF THE STATE OF FLORIDA, APPELLEE
296 So. 2d 605
Florida District Court of Appeal, Third District (1974)
Negative Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Affirmed. See Curtis Publishing Company v. Bader, Fla.App.1972, 266 So. 2d 78; Federated Dept. Stores, Inc. v. Pasco, Fla. App.1973, 275 So. 2d 46; Shell Oil Company v. State, Fla.App. 1974, 295 So. 2d 648; Eisen v. Carlisle & Jaquelin (1974) -U. S. —, 94 S.Ct. 2140, 40 L.Ed.2d 732, 42 Law Week 4804.
Dissent
PEARSON, Judge
(dissenting).
I respectfully dissent from the holding that appellants’ case was not a proper one for a class action. It appears to me that this action against the City of Miami Beach falls exactly within the rule announced by the Supreme Court of Florida in Tenney v. City of Miami Beach, 152 Fla. 126, 11 So. 2d 188 (1942). I would therefore reverse the order which dismissed the class action aspect of the cause.
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)…PER CURIAM. We have before us a petition for a writ of certiorari which alleges that the decision of the District Court of Appeal, Third District, in Frankel v. City of Miami Beach, 296 So. 2d 605 (Fla.App.3d 1974) conflicts with this Court’s decision in Tenney v. City of Miami Beach, 152 Fla. 126, 11 So. 2d 188 (1942). We have jurisdiction pursuant to Article V, § 3(b)(3), Fla.Const. The pertinent facts are as follows. Petitioners, owners…
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Frankel v. City OF Miami Beach, 341 So. 2d 1076 (Fla. 3d DCA 1977)…PER CURIAM. WHEREAS, the judgment of this court was entered on June 18, 1974 (296 So. 2d 605) affirming the order of the circuit court of Dade County, Florida, in the above styled cause; and WHEREAS, on review of this court’s judgment, by certiorari, the Supreme Court of Florida by its opinion and judgment filed September 23, 1976 (340 So.…
Authorities Cited
- Eisen v. Carlisle & Jacquelin, 417 U.S. 156 (U.S. 1974)
- Tenney v. City of Miami Beach, 152 Fla. 126 (Fla. 1942)
- Federated Dept. Stores, Inc. v. Pasco, 275 So. 2d 46 (Fla. 3d DCA 1973)
- The Curtis Publ'g Co. v. Bader, 266 So. 2d 78 (Fla. 3d DCA 1972)
- Alton A. Schultz v. State Farm Mut. Auto. Ins. Co., 295 So. 2d 648 (Fla. 3d DCA 1974)