(DOWNLOAD) "Joseph T. Lance v. Charles H. Wade" by Supreme Court of Florida * Book PDF Kindle ePub Free
eBook details
- Title: Joseph T. Lance v. Charles H. Wade
- Author : Supreme Court of Florida
- Release Date : January 30, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
This is a petition to review a decision of the Third District Court of Appeal reported as Lance v. Wade, 424 So.2d 161 (Fla. 3d DCA 1983), in which the district court held that a class action could be brought on the ground of fraud. We find direct conflict with Avila South Condominium Association, Inc. v. Kappa Corp., 347 So.2d 599 (Fla.1977), and Osceola Groves v. Wiley, 78 So.2d 700 (Fla.1955). We have jurisdiction, article V, section 3(b)(3), Florida Constitution, and we quash the decision of the district court. In so doing, we reaffirm our previous decisions in which we held that fraud on individual contracts could not be a basis for a class action. We also find that the respondents have available suitable remedies in the form of individual actions for breach of contract, cancellation and rescission, or specific performance. Accordingly, we remand without prejudice to the respondents right to institute these types of actions.{/Cite}