Opinion
No. 80-154.
November 4, 1980.
Appeal from Circuit Court, Dade County; Leonard Rivkind, Judge.
Turner, Hendrick, Guilford, Goldstein McDonald and S. Alan Stanley, Marsha Palmer Niles, Coral Gables, Frates, Jacobs, Farrar, Novey Blanton, Miami, for appellants.
Abrams, Anton, Robbins, Resnick, Schneider Mager and Gary M. Farmer, Hollywood, Tew, Critchlow, Sonberg, Traum Friedbauer and Richard H. Critchlow; Becker, Polianoff Streitfeld and Edward S. Polk; Fort Lauderdale, Montgomery, Lytal, Reiter, Denney, Searcy and George E. Mastics, West Palm Beach, for appellees.
Before HENDRY, SCHWARTZ and NESBITT, JJ.
The order striking the plaintiff's claim for failure to assert a class action for fraud is affirmed. Frankel v. City of Miami Beach, 340 So.2d 463 (Fla. 1976) and Osceola Groves v. Wiley, 78 So.2d 700 (Fla. 1955).
The Supreme Court, in Frankel v. City of Miami Beach, supra, has expressed doubt as to the desirability of continued adherence to the fraud class action rule enunciated in Osceola Groves, supra, and we are not privileged to overrule a principle enunciated by the Supreme Court. We therefore certify this question to the Supreme Court as one which passes upon a question of great public importance, so as to afford it a vehicle for review as provided for in Article V, Section 3(b)(4) of the Florida Constitution.
Affirmed.