ESTATE OF BOBINGER v. DELTONA CORP.

No. 89-01524.

563 So.2d 739 (1990)

ESTATE OF Margarete BOBINGER, Dino Spennato, Max Wimmer, Xavier Huber, Wilhemus J. Jansen, Martina Jansen, Max Schaeubli, and Gamil F. Zeyadi, Individually, Jointly, and Severally, and On Behalf of All Others Similarly Situated, Appellants, v. The DELTONA CORPORATION, a Delaware Corporation, Appellee.

District Court of Appeal of Florida, Second District.

June 8, 1990.


Attorney(s) appearing for the Case

Mercedes Busto, Michael G. Nearing and Robbie D. Lake of Bailey & Hunt, Miami, and Roland Langen, Miami Beach, for appellants.

Joseph Mancilla, Jr. of Mancilla & Betz, P.A., Coral Gables, for appellee.


DANAHY, Acting Chief Judge.

This is an appeal from the dismissal with prejudice of a class action complaint alleging fraud upon the court. We reverse. Although the class allegations sometimes fall short of the pleading requirements of Florida Rule of Civil Procedure 1.220, we cannot say that the deficiencies are incapable of amendment. We disagree with the trial court in its holding that, as a matter of law, a class action cannot be grounded upon extrinsic fraud....

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