Curtis Pub. Co. v. Bader, s. 72--143

Decision Date08 August 1972
Docket Number72--186,Nos. 72--143,s. 72--143
Citation266 So.2d 78
PartiesThe CURTIS PUBLISHING COMPANY, and The Saturday Evening Post Company, Appellants, v. Robert BADER, on behalf of himself and all others similarly situated, Appellees.
CourtFlorida District Court of Appeals

McCarthy, Steel, Hector & Davis and Dennis G. King, Blackwell, Walker & Gray, Miami, for appellants.

Hilery F. Silverman, Miami, for appellees.

Before CHARLES CARROLL, HENDRY and HAVERFIELD, JJ.

PER CURIAM.

The appellee, alleging partial failure of consideration by reason of the termination of publication of The Saturday Evening Post during the period of his prepaid subscription and claiming damages therefor in the amount of $3.95, filed a civil (law) action in the circuit court of Dade County for recovery thereof, for himself and for all other such subscribers in the United States similarly situated.

Defendants moved to dismiss on the ground that the court was without jurisdiction because the amount sued for by the plaintiff ($3.95) was less than the $5,000 minimum jurisdictional amount of the circuit court, and because that jurisdictional requirement could not be met by aggregating such three or four dollar damage claims of the purported members of the class.

The trial court denied the motion to dismiss, thereby holding that such small damage claims of the (class) plaintiffs could be aggregated to make up the jurisdictional $5,000 requirement of the circuit court. By a separate order the trial court limited the class to all such subscribers who were residents of Florida, and denied defendants' motion to transfer the action to the indicated court of lesser jurisdiction. The defendants Curtis Publishing Company and The Saturday Evening Post Company appealed from those orders.

The ruling of the trial court on the jurisdictional question was error, and we reverse on authority of State ex rel. City of West Palm Beach v. Chillingworth (1930) 100 Fla. 489, 129 So. 816; Wilson v. First National Bank of Miami Springs (Fla.App.1971) 254 So.2d 362. It follows that the denial of motion to transfer was error.

The orders appealed from are reversed and the cause is remanded for further proceedings consistent herewith.

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9 cases
  • Frankel v. City of Miami Beach
    • United States
    • Florida Supreme Court
    • September 23, 1976
    ...295 So.2d 648 (Fla.App.3d 1974); Federated Department Stores, Inc. v. Pasco, 275 So.2d 46 (Fla.App.3d 1973); Curtis Publishing Co. v. Bader, 266 So.2d 78 (Fla.App.3d 1972), and the Supreme Court's decision in Eisen v. Carlisle & Jacquelin, 417 U.S. 156, 94 S.Ct. 2140, 40 L.Ed.2d 732 (1974).......
  • Pollokoff v. Maryland Nat. Bank
    • United States
    • Maryland Court of Appeals
    • September 9, 1980
    ...in a class action may not be aggregated to meet minimum trial court jurisdictional monetary requirements in Florida, Curtis Publishing Co. v. Bader, 266 So.2d 78 (Fla.App.), cert. denied, 271 So.2d 142 (Fla.1972), or to meet appellate jurisdiction in Virginia, Bolling v. Old Dominion Power ......
  • Galen of Florida, Inc. v. Arscott
    • United States
    • Florida District Court of Appeals
    • August 13, 1993
    ...On the other hand, Frankel v. City of Miami Beach, 340 So.2d 463 (Fla.1976), partially overruling on other grounds, Curtis Publishing Co. v. Bader, 266 So.2d 78 (Fla. 3d DCA), cert. denied, 271 So.2d 142 (Fla.1972), and City of Miami v. Keton, 115 So.2d 547 (Fla.1959), provide at least a po......
  • Cabrera v. Industrial Fire & Cas. Ins. Co., 77-380
    • United States
    • Florida District Court of Appeals
    • May 16, 1978
    ...States v. Fuller, 275 So.2d 568 (Fla. 3d DCA 1973); Werley v. State, 271 So.2d 814 (Fla. 3d DCA 1973); and Curtis Publishing Co. v. Bader, 266 So.2d 78 (Fla. 3d DCA 1972). ...
  • Request a trial to view additional results

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