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CHERIN v. SOUTHERN STAR LAND & CATTLE CO.

No. 80-154.

390 So.2d 104 (1980)

Ralph CHERIN, Suing On Behalf of Himself and All Others Similarly Situated, Appellants, v. SOUTHERN STAR LAND AND CATTLE COMPANY INC., Etc., et al., Appellees.

District Court of Appeal of Florida, Third District.

November 4, 1980.

Attorney(s) appearing for the Case

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.

PER CURIAM.

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...

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