Medley Investors, Ltd. v. Lewis, AY-424

CourtCourt of Appeal of Florida (US)
Writing for the CourtERVIN
Citation10 Fla. L. Weekly 680,465 So.2d 1305
Parties10 Fla. L. Weekly 680 MEDLEY INVESTORS, LTD., and others, Appellants, v. Gerald LEWIS, as Comptroller of the State of Florida, Appellee.
Docket NumberNo. AY-424,AY-424
Decision Date14 March 1985

Page 1305

465 So.2d 1305
10 Fla. L. Weekly 680
MEDLEY INVESTORS, LTD., and others, Appellants,
Gerald LEWIS, as Comptroller of the State of Florida, Appellee.
No. AY-424.
District Court of Appeal of Florida,
First District.
March 14, 1985.

Page 1306

Neil J. Berman of Berman & Ergas, Miami; Bruce D. Friedlander, Miami, for appellants.

S. Craig Kiser, Gen. Counsel; Walter Wood, Asst. Gen. Counsel, Tallahassee, for appellee.

ERVIN, Chief Judge.

This is an administrative appeal from appellee's final order denying appellants' class action petition, filed pursuant to Section 215.26, Florida Statutes, for refund of filing fees paid into the State Treasury. We affirm.

In December 1982, appellants, a group of ten Florida chartered limited partnerships, filed a section 215.26 application with appellee for a refund of all filing fees other than the annual filing fee, paid to the Department of State since December 9, 1979, for filing and indexing certificates and other documents pursuant to Chapter 620, Florida Statutes. The application stated that it was filed on behalf of each named limited partnership individually and as a class representative. Appellants' application alleged that the class consisted of approximately 6,281 currently active limited partnerships that are required to file documents with the Department, and which have paid filing fees other than the annual fee to the Department since December 9, 1979. Appellants further alleged that the Department has unlawfully refused to file and index documents unless a filing fee is paid, in addition to the filing fee prescribed in Section 620.02(2)(b), Florida Statutes (1983). 1

The Office of the Comptroller, by letter dated December 20, 1983, denied appellants' application for refund. On March 9, 1984, appellants, as individuals and class representatives, filed a section 120.57(1) petition for an administrative hearing, naming both the Department of State and appellee Comptroller as respondents. The administrative proceeding against the Department of State is now pending. Also appellants, again as individuals and class representatives, filed a complaint for writ of mandamus, declaratory decree, and an accounting in the circuit court against the Department and appellee. The circuit court has abstained from further proceedings pending completion of both this appeal and the administrative proceeding against the Department.

On March 22, 1984, appellee issued a final order denying appellants' petition for a section 120.57(1) hearing...

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3 cases
  • Preble v. Board of Trustees of Ers of State, No. 26186.
    • United States
    • Supreme Court of Hawai'i
    • 20 Septiembre 2006
    ...the ERS to make proper and back benefits payments to the aforesaid group of retirees is moot. (Quoting Medley Investors, Ltd. v. Lewis, 465 So.2d 1305, 1306 (Fla.App.1985); Lyons v. Illinois Dep't of Rev., 116 Ill.App.3d 1072, 72 Ill.Dec. 577, 452 N.E.2d 830, 834 (1983); Pyro Mining Co. v. ......
  • Montgomery v. Department of Health and Rehabilitative Services, BD-290
    • United States
    • Court of Appeal of Florida (US)
    • 15 Abril 1985
    ...1018 of Health and Rehabilitative Services v. Alice P., 367 So.2d 1045, 1050 (Fla. 1st DCA 1979). Cf. Medley Investors, Ltd. v. Lewis, 465 So.2d 1305 (Fla. 1st DCA In that appellants cannot fall under the class action suit exception to the mootness doctrine, the survival of the substantive ......
  • Moncada v. Illinois Commerce Com'n, 87-0784
    • United States
    • United States Appellate Court of Illinois
    • 14 Diciembre 1987
    ...Commission's rule here, which prohibits the Commission from hearing class actions. (See Medley Investors, Ltd. v. Lewis (Fla.App.1985), 465 So.2d 1305; Sullivan v. Insurance Department (1979), 48 Pa.Cmwlth. 11, 408 A.2d 1174; Massachusetts Electric Company v. Massachusetts Commission Agains......

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