(Download) "Dade County Police Benevolent Association v. Metropolitan Dade County" by Third District. District Court of Appeal of Florida ~ Book PDF Kindle ePub Free
eBook details
- Title: Dade County Police Benevolent Association v. Metropolitan Dade County
- Author : Third District. District Court of Appeal of Florida
- Release Date : January 03, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 75 KB
Description
The plaintiffs have filed a motion for rehearing in which they correctly point out that they orally requested and were denied an opportunity below to file an amended complaint at the hearing wherein the third amended complaint was dismissed, and that we were in error in stating otherwise in our original opinion. The plaintiffs, however, in no way indicated to the trial court, either orally or in writing, how they wished to amend their class action allegations, having already failed in four separate complaints to plead a proper class action under Florida law. Moreover, it is extremely dubious, for reasons already developed, that such a proper class action could ever have been pled in this cause, given the apparent conflict of interests among members of the alleged class. Under these circumstances, then, we think the trial court did not abuse its discretion in denying the plaintiffs a fifth opportunity to amend their complaint herein. Price v. Morgan, 436 So.2d 1116 (Fla. 5th DCA 1983); Alvarez v. DeAguirre, 395 So.2d 213, 216 (Fla. 3d DCA 1981); Smith v. Barnett Bank of Murray Hill, 350 So.2d 358, 359 (Fla. 1st DCA 1980); United States v. Florida, 179 So.2d 890 (Fla. 3d DCA 1965). We have reviewed the other grounds urged by the plaintiffs for a rehearing in this cause and find them to be without merit. The plaintiff's motion for rehearing is accordingly Denied.