Supreme Court of Florida, 1981

Cherin v. Southern Star Land & Cattle Co.

Cherin v. Southern Star Land & Cattle Co.
Supreme Court of Florida · Decided May 14, 1981 · Adkins, Alderman, Boyd, England, McDonald, Overton, Sundberg
400 So. 2d 1; 1981 Fla. LEXIS 2690 (Southern Reporter, Second Series)

Cherin v. Southern Star Land & Cattle Co.

Opinion of the Court

PER CURIAM.

The District Court of Appeal, Third District, in Cherin v. Southern Star Land and Cattle Company, Inc., 390 So.2d 104 (Fla.3d DCA 1980), affirmed an order of the trial court striking the plaintiff’s class action claim for fraud. The district court cited as authority for its affirmance Frankel v. City of Miami Beach, 340 So.2d 463 (Fla. 1976), and Osceola Groves, Inc. v. Wiley, 78 So.2d 700 (Fla. 1955). Intending to afford this Court a vehicle for review so that we could consider the desirability of continued adherence to the fraud class action rule enunciated in Osceola Groves, the district court certified this case to us as one which passed upon a question of great public importance. After having considered the arguments of counsel, we conclude that the record in this case does not establish sufficient facts for us to adequately respond to the certified question.

Accordingly, we respectfully decline to accept jurisdiction in this case.

It is so ordered.

SUNDBERG, C. J., and ADKINS, BOYD, OVERTON, ALDERMAN and MCDONALD, JJ., concur. ENGLAND, J., dissents.

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