Evans v. St. Regis Paper Co.
| Decision Date | 05 December 1973 |
| Docket Number | No. 43981,43981 |
| Citation | 287 So.2d 296 |
| Parties | Neal D. EVANS, Jr., et al., Petitioners, v. ST. REGIS PAPER COMPANY, a corporation et al., Respondents. |
| Court | Florida Supreme Court |
Neal D. Evans, Jr., of Evans, Stewart, Perry & Stelogeannis, Jacksonville, for petitioners.
Reinstine, Reinstine & Panken, and Bedell, Bedell, Dittmar, Smith & Zehmer; Kent, Durden & Kent; Marks, Gray, Conroy & Gibbs; Mathews, Osborne, Ehrlich, McNatt, Gobelman & Cobb; Freeman, Richardson, Watson, Slade, McCarthy & Kelly; MacLean & Brooke, Wm. Joe Sears; Jennings, Watts, Clarke, Hamilton & Corrigan; Mahoney, Hadlow, Chambers & Adams; Boyd, Jenerette, Leemis & Staas; Howell, Kirby, Montgomery, D'Aiuto, Dean & Hallowes; Milam, Martin & Ade; Ulmer, Murchison, Ashby & Ball, Jacksonville; Goldstein, Franklin & Schrank, North Miami Beach; David C. Goodman and Earle C. Moss, Jr., Jacksonville, for respondents.
Petitioners attempted to institute a class action on behalf of all property owners in Duval County against respondents, twenty private companies and three municipalities, seeking money damages for the pollution of the St. John's River. The trial court dismissed the action as to Palatka and Green Cove Springs for lack of proper venue, and dismissed the action as to the remainder of the defendants for failure to state a cause of action, allowing plaintiffs 20 days to file an amended complaint on their own behalves, and not as a class action. Petitioners chose not to amend the complaint, and the cause was dismissed. The District Court affirmed, per curiam, on the authority of its Harrell v. Hess Oil and Chemical Corp., 272 So.2d 542 (Fla.App.1st 1973), cert. granted 287 So.2d 291 (Fla.1973).
Conflict exists between the decision of the 1st DCA in the instant action reported at 277 So.2d 319 (Fla.App.1st 1973), and the decisions of Balbontin v. Porias, 215 So.2d 732 (Fla.1968), and Gordon Finance, Inc. v. Belzaguy, 216 So.2d 240 (Fla.App.3d 1968). We have jurisdiction pursuant to Art. V, § 3(b) (3), F.S.A., Fla.Const.
The trial court specifically found that the complaint here failed to allege the existence of a concert of action among the named defendants which would justify their joinder as joint tortfeasors. In great detail, the trial court also found that the factual considerations of the case would preclude a class action. We agree with the trial court that no class action was properly plead in this cause. See Port Royal, Inc. v. Conboy, 154 So.2d 734 (Fla.App.2d 1963), for requisites of pleading a...
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Oakwood Homeowners Ass'n, Inc. v. Ford Motor Co.
...Copper Co., 110 Ariz. 115, 515 P.2d 860 (1973); Harrell v. Hess Oil & Chemical Corp., 287 S.2d 291 (Fla.1973); Evans v. St. Regis Paper Co., 287 So.2d 296 (Fla.1973); all of which found class action was not an appropriate device in suit for damages resulting from defendants' alleged polluti......
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Commodore Plaza at Century 21 Condominium Ass'n, Inc. v. Cohen, s. 76-767
...No. 77-536.9 This is the subject matter of appeal filed under Clerk's File No. 77-538.10 In this connection, see: Evans v. St. Regis Paper Company, 287 So.2d 296 (Fla.1973); also, Ch. 77-221, Laws of Florida ...
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Wheeler v. State, 49319
...is decided governs the issues raised on appeal, even where there has been a change of law since the time of trial. Evans v. St. Regis Paper Co., 287 So.2d 296 (Fla.1973); Williams v. Wainright, 325 So.2d 485 (Fla.4th DCA 1975); Cosby v. State, 297 So.2d 617 (Fla.1st DCA 1974). In these circ......
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Bronson v. Florida Parole and Probation Com'n, AT-38
...with discretion to exercise that discretion in a given manner. Graham v. Vann, 394 So.2d 180 (Fla. 1st DCA 1981); Evans v. St. Regis Paper Company, 287 So.2d 296 (Fla.1973); and Hunter v. Solomon, 75 So.2d 803 Petitioner's third claim for relief, credit for time spent serving an MCR violati......