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ZARRA v. BURKE

No. 2D09-1181.

28 So.3d 191 (2010)

Christian N. ZARRA; Genesis One, LLC; and Lee Alexander, on behalf of themselves and all others similarly situated, Appellants, v. Ken BURKE, Clerk of the Circuit Court for Pinellas County, Florida, and as representative of all other Florida clerks of the circuit courts similarly situated, Appellee.

District Court of Appeal of Florida, Second District.

February 24, 2010.

Attorney(s) appearing for the Case

Andra T. Dreyfus and Morten B. Christoffersen of Andra Todd Dreyfus, P.A., Clearwater; and F. Wallace Pope, Jr., and Kimberly L. Sharpe of Johnson, Pope, Bokor, Ruppel & Burns, LLP, Clearwater, for Appellants.

Barry Richard and Glenn T. Burhans, Jr., of Greenberg Traurig, P.A., Tallahassee, for Appellee.

PER CURIAM.

Appellant Christian N. Zarra filed a class action complaint seeking a declaratory judgment regarding the clerk of court's authority to charge a reopen fee for cases previously reported as disposed of. The complaint also sought a refund of the disputed fees. Zarra made three attempts to amend the complaint to overcome pleading deficiencies. Because the second amended complaint failed to cure the deficiencies, the trial court dismissed the complaint with...

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