Winn-Dixie Stores, Inc. v. Sams, WINN-DIXIE
| Decision Date | 31 July 1973 |
| Docket Number | No. 73--178,WINN-DIXIE,73--178 |
| Citation | 281 So.2d 47 |
| Parties | STORES, INC., a Florida corporation, Appellant, v. Hildred SAMS, on behalf of himself and all others similarly situated, Appellee. |
| Court | Florida District Court of Appeals |
Nicholson, Howard, Brawner & Lovett, and Robert A. Freyer, Miami, for appellant.
Marvin Kurzban, Miami, for appellee.
Before PEARSON, HENDRY and HAVERFIELD, JJ.
Appellant defendant seeks review of the trial court's denial of its motion to dismiss this class action. 1 We reverse.
We have carefully considered the briefs, arguments of counsel and the record before us and must agree that the appellee has failed to sufficiently allege the necessary requisites of a bona fide class action. Port Royal, Inc. v. Convoy, Fla.App.1963, 154 So.2d 734. Merely, 'touching all the bases', so to speak, with general allegations is an insufficient foundation for a true class action. See, Hendler v. Rogers House Condominium, Inc., Fla.App.1970, 234 So.2d 128, and cases cited therein. Moreover, it is the responsibility of the plaintiff to provide to the court any documents upon which his alleged cause of action is based. R.C.P. 1.130, 30 F.S.A. Accordingly, the order of the trial court denying appellant's motion to dismiss is reversed with directions for the trial court to dismiss appellee's complaint without prejudice to the filing of an amended complaint.
Reversed and remanded with directions.
1 Our disposition of this case makes consideration of appellant's second point unnecessary.
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Parkway General Hospital, Inc. v. Allstate Ins. Co., 80-541
...a prejudicial dismissal would have been improper. See, e. g., Conklin v. Cohen, 287 So.2d 56, 60 (Fla.1973); Winn-Dixie Stores, Inc. v. Sams, 281 So.2d 47 (Fla. 3d DCA 1973). Allstate's third argument is that the third party beneficiary theory asserted by plaintiff in Count V of the complai......
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American Express v. Seaboard Holding, Inc., 74-412
...CURIAM. Affirmed. Moore v. Boyd, Fla.1952, 62 So.2d 427; Sachse v. Tampa Music Co., Fla.App.1972, 262 So.2d 17; Winn-Dixie Stores, Inc., v. Sams, Fla.App.1973, 281 So.2d 47; Rules 1.110 and 1.130, ...
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