Frankel v. City of Miami Beach

Full title: E.J. FRANKEL ET AL., APPELLANTS, v. CITY OF MIAMI BEACH, A MUNICIPAL…

Court: District Court of Appeal of Florida, Third District

Date published: Jul 15, 1974

296 So. 2d 605 (Fla. Dist. Ct. App. 1974)

Opinion

Nos. 73-962, 73-963.

June 18, 1974. Rehearing Denied July 15, 1974.

Appeals from Circuit Court, Dade County; Rhea P. Grossman, Judge.

Sibley, Giblin, Levenson Ward, Miami Beach, for appellants.

Joseph A. Wanick, City Atty., and Lee H. Schillinger, Asst. City Atty., for appellee.

Before PEARSON, CARROLL and HAVERFIELD, JJ.

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.

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.