Lance v. Wade, 457 So. 2d 1008 (Fla. 1984). · Go Syfert
Lance v. Wade, 457 So. 2d 1008 (Fla. 1984). Cases Citing This Book View Copy Cite
157 citation events (73 in the last 25 years) across 19 distinct courts.
Strongest positive: Exist, Inc. v. Tokio Marine America Insurance Company (nysd, 2025-01-21)
Treatment trajectory · 1984 → 2026 · click a year to view as-of
1984 2005 2026
Top citers, strongest first. 50 distinct citers.
cited Cited as authority (rule) Exist, Inc. v. Tokio Marine America Insurance Company
S.D.N.Y. · 2025 · confidence medium
Ct. App. 1995) (citing Lance v. Wade, 457 So. 2d 1008, 1011 (Fla. 1984)).
cited Cited as authority (rule) ECB USA, Inc. v. Savencia, S.A.
D. Del. · 2024 · confidence medium
Lance v. Wade, 457 So. 2d 1008, 1011 (Fla. 1984).
discussed Cited as authority (rule) Associated Indus. Ins. Co. v. Kleinhendler
2d Cir. · 2023 · confidence medium
That claim requires not only a knowingly false statement concerning a material fact, but also “the intent by the person making the statement that the representation will induce another to act on it,” as well as “reliance on the representation to the injury of the other party.” Lance v. Wade, 457 So. 2d 1008, 1011 (Fla 1984).
cited Cited as authority (rule) City of Miami, Florida v. Eli Lilly And Company
S.D. Fla. · 2022 · confidence medium
Co. of Can. v. Imperial Premium Fin., LLC, 904 F.3d 1197, 1222 (11th Cir. 2018) (quoting Lance v. Wade, 457 So.2d 1008, 1011 (1984)).
discussed Cited as authority (rule) Weinstock v. Harvey
M.D. Fla. · 2020 · confidence medium
In Florida, the elements for a claim of actionable fraud are: “(1) a false statement concerning a material fact; (2) knowledge by the person making the statement that the representation is false; (3) the intent by the person making the statement that the representation will induce another to act on it; and (4) reliance on the representation to the injury of the other party.” Lance v. Wade, 457 So. 2d 1008, 1011 (Fla. 1984); see also Haskin v. R.J.
discussed Cited as authority (rule) Munoz v. Boyard (In re Boyard)
Bankr. E.D.N.Y. · 2015 · confidence medium
Under Florida law, the elements of fraud in the inducement are “(1) a false statement concerning a material fact; (2) knowledge by the person making the statement that the representation is false; (3) the intent by the person making the statement that the representation will induce another to act on it; and (4) reliance on the representation to the injury of the other party.” Lance v. Wade, 457 So.2d 1008, 1011 (Fla.1984) (emphasis added); Butler v. Yusem, 44 So.3d 102, 105 (Fla.2010); see also Belmac Hygiene, Inc. v. Belmac Corp., 121 F.3d 835, 839 (2d Cir.1997) (adopting the Florida stan…
discussed Cited as authority (rule) Lester Muhammad v. CitiMortgage, Inc.
11th Cir. · 2015 · confidence medium
The elements of a claim for fraud under Florida law are: “(1) a false statement concerning a material fact; (2) knowledge by the person making the statement that the representation is false; (3) the intent by the person making the statement that the representation will induce another to act on it; and (4) reliance on the representation to the injury of the other party.” Lance v. Wade, 457 So.2d 1008, 1011 (Fla.1984).
cited Cited as authority (rule) Alvarez v. Royal Caribbean Cruises, Ltd.
S.D. Fla. · 2012 · confidence medium
Stires, 243 F.Supp.2d 1313 (citing Lance v. Wade, 457 So.2d 1008, 1011 (Fla.1984)).
discussed Cited as authority (rule) Manuel Soltero v. Swire Development Sales, Inc.
11th Cir. · 2012 · confidence medium
Actual harm is an essential element of both fraud *379 and negligent misrepresentation, see Lance, 457 So.2d at 1011; Hoon, 607 So.2d at 427 ; and a plaintiff must show injury to prevail on a RICO claim as well, see Fla. Stat. § 772.104 (1).
cited Cited as authority (rule) Drilling Consultants, Inc. v. First Montauk Securities Corp.
M.D. Fla. · 2011 · confidence medium
Bank, 111 So.2d 1144, 1146 (Fla. 3d DCA 2001) (citing Lance v. Wade, 457 So.2d 1008, 1011 (Fla.1984)).
cited Cited as authority (rule) BDO Seidman, LLP v. Banco Espirito Santo International
Fla. Dist. Ct. App. · 2010 · confidence medium
Lance v. Wade, 457 So.2d 1008, 1011 (Fla.1984).
cited Cited as authority (rule) Parham v. FLORIDA HEALTH SCIENCES CENTER, INC.
Fla. Dist. Ct. App. · 2010 · confidence medium
Lance v. Wade, 457 So.2d 1008, 1011 (Fla.1984).
discussed Cited as authority (rule) Infante v. Bank of America Corp.
S.D. Fla. · 2010 · confidence medium
First Interstate Development Corp. v. Ablanedo, 511 So.2d 536, 539 (Fla. 1987) (noting that “to prove fraud, a plaintiff must establish that the defendant made a deliberate and knowing misrepresentation.”) (citing Lance v. Wade, 457 So.2d 1008, 1011 (Fla.1984)) (emphasis added).
cited Cited as authority (rule) Hess Corp. v. Grillasca
Fla. Dist. Ct. App. · 2009 · confidence medium
Lance v. Wade, 457 So.2d 1008, 1011 (Fla.1984).
cited Cited as authority (rule) Leonard Lopez v. Rica Foods, Inc.
11th Cir. · 2008 · confidence medium
Lance v. Wade, 457 So.2d 1008,1011 (Fla.1984) (listing as the fourth element of fraud “reliance on the representation to the injury of the other party”).
cited Cited as authority (rule) Freedom Life Ins. Co. of America v. Wallant
Fla. Dist. Ct. App. · 2004 · confidence medium
See Hudson v. Delta Air Lines, Inc., 90 F.3d 451, 457 (11th Cir.1996); Lance v. Wade, 457 So.2d 1008, 1011 (Fla.1984).
discussed Cited as authority (rule) American Home Assurance Co. v. Phineas Corp.
M.D. Fla. · 2004 · confidence medium
To establish fraud, Defendants must prove: “(1) a false statement concerning a material fact; (2) knowledge by the person making the statement that the representation is false; (3) the intent by the person making the statement that the representation will induce another to act on it; and (4) reliance on the representation to the injury of the other party.” Lance v. Wade, 457 So.2d 1008, 1011 (Fla.1984).
cited Cited as authority (rule) Lopez-Infante v. Union Cent. Life Ins. Co.
Fla. Dist. Ct. App. · 2002 · confidence medium
Bank, 777 So.2d 1144, 1146 (Fla. 3d DCA 2001) (citing Lance v. Wade, 457 So.2d 1008, 1011 (Fla.1984)).
discussed Cited as authority (rule) Thiel v. Thiel (In Re Thiel)
Bankr. M.D. Fla. · 2001 · confidence medium
Lance v. Wade, 457 So.2d 1008, 1011 (Fla. 1984) [essential elements of actual fraud are (1) a false statement concerning a specific material fact; (2) the maker’s knowledge that the representation is false; (3) an intention that the representation induces another’s reliance; and (4) consequent injury by the other party acting in reliance on the interpretation].
discussed Cited as authority (rule) Hoechst Celanese Corp. v. Fry (2×)
Fla. Dist. Ct. App. · 2000 · confidence medium
Lance at 1011.
cited Cited as authority (rule) Belmac Hygiene, Inc. v. Belmac Corp.
2d Cir. · 1997 · confidence medium
Lance v. Wade, 457 So.2d 1008, 1011 (Fla.1984).
cited Cited as authority (rule) HTP, Ltd. v. Lineas Aereas Costarricenses
Fla. · 1996 · confidence medium
Consequently, we find no basis for recovery in negligence."); Lance v. Wade, 457 So.2d 1008, 1011 (Fla.1984); Griffith v. Shamrock Village, Inc., 94 So.2d 854 (Fla.1957).
discussed Cited as authority (rule) Waters v. International Precious Metals Corp.
S.D. Fla. · 1996 · confidence medium
Special Master Berger agreed with the Defendants and held that Count VI cannot be tried class wide on the grounds the Florida Supreme Court has held that “fraud on individual contracts [cannot] be a basis for a class action.” See Lance v. Wade, 457 So.2d 1008, 1009 (Fla.1984); Osceola Groves v. Wiley, 78 So.2d 700 (Fla.1955).
cited Cited as authority (rule) STATE, DOT v. Southern Bell Tel. & Tel.
Fla. Dist. Ct. App. · 1994 · confidence medium
Lance v. Wade, 457 So.2d 1008, 1011 (Fla. 1984).
cited Cited as authority (rule) In re General Development Corp.
Bankr. S.D. Florida · 1993 · confidence medium
Lance v. Wade, 457 So.2d 1008, 1011 (Fla.1984).
cited Cited as authority (rule) Iden v. Kasden
Fla. Dist. Ct. App. · 1992 · confidence medium
Lance v. Wade, 457 So.2d 1008, 1011 (Fla. 1984).
discussed Cited as authority (rule) Appeal of Actron Contractors Equipment v. South Broward Hospital District
Fla. Dist. Ct. App. · 1992 · signal: cf. · confidence medium
Cf. Lance v. Wade, 457 So.2d 1008, 1011 (Fla.1984) (in a case involving multiple contractual sales, each plaintiff must establish individual reliance upon the fraudulent representation, thus precluding a class action for fraud in the procurement of the separate contracts).
discussed Cited as authority (rule) In Re Intern. Forum of Fla. Health Ben. Tr.
Fla. Dist. Ct. App. · 1992 · signal: cf. · confidence medium
Cf. Lance v. Wade, 457 So.2d 1008, 1011 (Fla. 1984) (in a case involving multiple contractual sales, each plaintiff must establish individual reliance upon the fraudulent representation, thus precluding a class action for fraud in the procurement of the separate contracts).
cited Cited as authority (rule) Kaser v. Swann
M.D. Fla. · 1991 · confidence medium
For a fraud claim to be actionable, “there must be an intentional material misrepresentation upon which the other party relies to his detriment.” Lance v. Wade, 457 So.2d 1008, 1011 (Fla.1984).
cited Cited as authority (rule) Palm Beach Atlantic College, Inc., Cross-Appellant v. First United Fund, Ltd., Stanmar Corporation, Mario Renda, Cross-Appellees
1st Cir. · 1991 · confidence medium
Lance v. Wade, 457 So.2d 1008, 1011 (Fla.1984).
cited Cited as authority (rule) Knight v. EF Hutton and Co., Inc.
M.D. Fla. · 1990 · confidence medium
Lance v. Wade, 457 So.2d 1008, 1011 (Fla.1984).
cited Cited as authority (rule) Martin v. Brown
Fla. Dist. Ct. App. · 1990 · confidence medium
Lance v. Wade, 457 So.2d 1008, 1011 (Fla. 1984); First Interstate Dev. v. Ablanedo, 476 So.2d 692 (Fla. 1985), quashed in part on other grounds, 511 So.2d 536 (Fla. 1987).
cited Cited as authority (rule) First Union Discount Brokerage Services, Inc. v. Milos
S.D. Fla. · 1990 · confidence medium
Lance v. Wade, 457 So.2d 1008, 1011 (Fla.1984); Milos, 717 F.Supp. at 1524-25.
discussed Cited as authority (rule) Vandenbossche v. First National Bank
M.D. Fla. · 1990 · confidence medium
The other elements of fraud, in addition to “a false statement concerning a material fact,” are “knowledge by the person making the statement that the representation is false,” “the intent by the person making the statement that the representation will induce another to act on it,” and reliance upon the representation to the injury of the other party.” Lance v. Wade, 457 So.2d 1008, 1011 (Fla.1984).
cited Cited as authority (rule) MMH VENTURE v. Masterpiece Products, Inc.
Fla. Dist. Ct. App. · 1990 · confidence medium
Lance v. Wade, 457 So.2d 1008, 1011 (Fla. 1984).
discussed Cited as authority (rule) Greenbriar Condominium Apartments II Ass'n v. Koch
Fla. Dist. Ct. App. · 1985 · signal: cf. · confidence medium
Cf Lance v. Wade, 457 So.2d 1008, 1011 (Fla.1984) (“In a situation such as this, involving multiple contractual sales, each of the parties has his own separate and distinct contract and must make a determination as to which terms are important to him.... [Fjraud claims on separate contracts are inherently diverse....”) Affirmed.
cited Cited as authority (rule) Jet Engine Support, Inc. v. Jet Research, Inc.
Fla. Dist. Ct. App. · 1985 · confidence medium
Lance v. Wade, 457 So.2d 1008, 1011 (Fla. 1984); see Johnson v. Davis, 449 So.2d 344 (Fla. 3d DCA 1984); Suntogs of Miami, Inc. v. Burroughs Corp., 433 So.2d 581 (Fla. 3d DCA 1983).
discussed Cited "see" Weatherly v. Pershing, LLC
N.D. Tex. · 2018 · signal: see · confidence high
See Dineen , 2015 WL 6688040 , at *4 ("Moreover, even if the courts in Engle v. Liggett Group, Inc. , 945 So.2d 1246 , 1277 (Fla. 2006), and Lance v. Wade , 457 So.2d 1008 , 1011 (Fla. 1984), adopted class action tolling, they certainly did not adopt cross-jurisdictional class action tolling, which would be required to toll the statutes of limitations in this case ....
discussed Cited "see" Bank of America, N.A. v. Pate
Fla. Dist. Ct. App. · 2015 · signal: see · confidence high
See generally, Lance v. Wade, 457 So.2d 1008, 1011 (Fla.1984) (“[Elements for actionable fraud are (1) a false statement concerning a material fact; (2) knowledge by the person ... that the representation is false; (3) the intent ... [to] induce another to act on it; and (4) reliance on the representation to the injury of the other party.
cited Cited "see" AHW Investment Partnership, MFS, Inc. v. Citigroup Inc.
S.D.N.Y. · 2013 · signal: see · confidence high
See Lance v. Wade, 457 So.2d 1008, 1011 (Fla.1984). .
cited Cited "see" Negrete v. Allianz Life Insurance Co. of North America
C.D. Cal. · 2013 · signal: see · confidence high
See Lance v. Wade, 457 So.2d 1008, 1011 (Fla. 1984); Rollins, Inc. v. Butland, 951 So.2d 860, 877-78 (Fla.Dist.Ct.App.2006).
discussed Cited "see" Pino v. Bank of New York Mellon
Fla. Dist. Ct. App. · 2011 · signal: see · confidence high
See Lance v. Wade, 457 So.2d 1008 , 1011 (Fla.1984) (common law fraud requires showing that defendant deliberately and knowingly made false representation actually causing detrimental reliance by the plaintiff); see also Palmas Y Bambu, S.A. v. E.I.
cited Cited "see" TERRY L. BRAUN, PA v. Campbell
Fla. Dist. Ct. App. · 2002 · signal: see · confidence high
See Lance v. Wade, 457 So.2d 1008 (Fla.1984). 2.
cited Cited "see" Chateau Communities, Inc. v. Ludtke
Fla. Dist. Ct. App. · 2001 · signal: see · confidence high
See Lance v. Wade, 457 So.2d 1008 (Fla.1984), Hoechst Celanese Corp. v. Fry, 753 So.2d 626 (Fla. 5th DCA) (en banc), review denied, 773 So.2d 55 (Fla.2000); Shoma Devel.
cited Cited "see" Ward v. Atlantic SEC. Bank
Fla. Dist. Ct. App. · 2001 · signal: see · confidence high
See Lance v. Wade, 457 So.2d 1008 , 1011 (Fla.1984).
cited Cited "see" Stroud v. Crosby
Fla. Dist. Ct. App. · 1998 · signal: see · confidence high
See Lance v. Wade, 457 So.2d 1008, 1011 (Fla. 1984) (setting forth elements of fraudulent misrepresentation).
cited Cited "see" Reed v. Mims
Fla. Dist. Ct. App. · 1998 · signal: see · confidence high
See Lance v. Wade, 457 So.2d 1008, 1011 (Fla.1984); 27 Fla. Jur.2d Fraud and Deceit § 7 (1981).
discussed Cited "see" Calzado v. Federal National Mortgage Ass'n
Fla. Dist. Ct. App. · 1997 · signal: see · confidence high
See Lance v. Wade, 457 So.2d 1008 (Fla.1984); Breslerman v. Dorten, Inc., 320 So.2d 442 (Fla. 3d DCA 1975), cert. dismissed, 327 So.2d 31 (Fla.1976); Costin v. Hargraves, 283 So.2d 375 (Fla. 1st DCA 1973).
discussed Cited "see" Southeast Bank, NA v. Almeida (2×)
Fla. Dist. Ct. App. · 1997 · signal: see · confidence high
See Lance v. Wade, 457 So.2d 1008, 1011 (Fla.1984); Avila South Condominium Ass'n, Inc. v. Kappa Corp., 347 So.2d 599, 608-09 (Fla.1977).
cited Cited "see" WS Badcock Corp. v. Myers
Fla. Dist. Ct. App. · 1996 · signal: see · confidence high
See Lance v. Wade, 457 So.2d 1008, 1011 (Fla. 1984).
Joseph T. LANCE, et al., Petitioners,
v.
Charles H. WADE, et al., Respondents.
63242.
Supreme Court of Florida.
Aug 30, 1984.
457 So. 2d 1008
Overton.
Cited by 94 opinions  |  Published

[*1009] Karl Beckmeyer, Tavernier, for petitioners.

Jay M. Levy of Hershoff & Levy, and George M. Nachwalter, Miami, for respondents.

OVERTON, Justice.

This is a petition to review a decision of the Third District Court of Appeal reported as Lance v. Wade, 424 So.2d 161 (Fla. 3d DCA 1983), in which the district court held that a class action could be brought on the ground of fraud. We find direct conflict with Avila South Condominium Association, Inc. v. Kappa Corp., 347 So.2d 599 (Fla. 1977), and Osceola Groves v. Wiley, 78 So.2d 700 (Fla. 1955). We have jurisdiction, article V, section 3(b)(3), Florida Constitution, and we quash the decision of the district court. In so doing, we reaffirm our previous decisions in which we held that fraud on individual contracts could not be a basis for a class action. We also find that the respondents have available suitable remedies in the form of individual actions for breach of contract, cancellation and rescission, or specific performance. Accordingly, we remand without prejudice to the respondents' right to institute these types of actions.[1]

The relevant facts reflect that respondents Wade and Herringer were two of approximately 350 purchasers of mobile home lots in Cross Key Waterways in Monroe County. These two lot owners filed a class action against the seller of the lots, Cross Key Waterways, Inc., and its president, Joseph T. Lance, alleging that they had relied to their detriment upon fraudulent representations by the seller contained in the public offering statement, advertising brochures, and contracts for deed, and upon fraudulent representations by the seller's employees. The alleged statements and representations involved assertions that access from the lots to a nearby highway would be provided by means of paved roads constructed in accordance with the specifications of the Monroe County engineer. It was alleged that petitioners knew or should have known that these statements concerning the construction of roads were false and that petitioners had no intention of paving these streets. Further,[*1010] respondents alleged that the purchasing parties would not have purchased lots in Cross Key had they known of the misrepresentation. Respondents specifically alleged that the "individual Plaintiffs, as representatives of the class, did in fact rely upon the representations" and that the "representation concerning paved roads and streets was a material representation which was relied upon by the Plaintiffs both individually and as representatives of the class." The primary alleged misrepresentation was contained in a public offering statement which provided, in part, as follows:

Improvements will include installation of a water line in front of each lot, construction of a graded, rolled, water-bonded, oiled and sanded road, an elevation of four feet at the crown of the road, in accordance with county engineering requirements. All improvements will commence with Section One, next Section Three will be improved and lastly Section Two, although the latter two sections may be developed simultaneously if circumstances so dictate. The roads will be installed at the time the lots are filled and graded. Section One will be completed on or before March 31, 1971, Section Three on or before December 31, 1971 and Section Two on or before August 31, 1972. Roads will be maintained by subdivider until maintenance is taken over by the Cross Key Waterways Property Owners Association, Inc.

The evidence reflects that some purchasers did not receive this public offering statement until after they had purchased a lot.

Respondents also asserted that another misrepresentation, allegedly relied upon by some of the owners, was contained in an advertising flyer which stated: "Roads are dedicated and graded to county specifications. They are provided by the subdivider and maintained by the county." Again, the record indicates that some purchasers did not receive this flyer.

The trial court permitted the action to proceed as a class action based on fraud. Following a jury trial, verdicts were returned in the amount of $200,000 compensatory damages and $300,000 punitive damages against the corporate defendant, Cross Key Waterways, Inc.; and $50,000 compensatory damages and $60,000 punitive damages against its president, Lance.

On appeal, the principal issue was whether the trial court had erred in submitting this cause to the jury as a class action sounding in fraud. The Third District Court of Appeal affirmed, interpreting our decision in Frankel v. City of Miami Beach, 340 So.2d 463 (Fla. 1976), as having limited our decision in Osceola Groves. The district court stated that since the three-pronged test established in Frankel had been met, in that the plaintiff class was engaged in a cooperative enterprise, had a joint pecuniary interest, and did not have a choice of remedies which were possibly subject to separate and distinct defenses, the suit was properly submitted as a class action. 424 So.2d at 161. We disagree. The district court has misinterpreted our Frankel decision. We did not, as the district court contends, retreat in that decision from the prohibition of fraud class actions based on separate contracts which was established in Osceola Groves and reaffirmed in Avila. In fact, the complaint in Frankel did not allege fraud. The issue was whether the fraud class action rule adopted in Osceola Groves should be given general application "to class actions wherein fraud has not been alleged." 340 So.2d at 468.

Our decision in Osceola Groves dealt with a situation similar to that presented in the instant case. There, purchasers of individual units of land sought, by class action, damages for the seller's fraudulent misrepresentations. In determining that the purchasers had failed to state a cause of action, we noted that

each of the alleged numerous purchasers of units of land acquired his interest under separate contracts with the defendant and it does not appear that in these contracts was any provision showing a cooperative enterprise or any showing that any purchaser had a pecuniary[*1011] interest in any development of lands other than those covered by his own contract.

78 So.2d at 702.

In Avila, which was decided subsequent to Frankel, we reaffirmed Osceola Groves and stated that

fraud claims on separate contracts are inherently diverse, as a matter of law, because "the demands of the various defrauded parties are not only legally distinct, but each depends upon its own facts ... [and] a choice of remedies is ordinarily presented." 78 So.2d at 702 (citing Note, 1938, 114 A.L.R. 1015, 1019).

347 So.2d at 609.[2]

In Frankel this Court dealt with an entirely different issue and factual situation. Frankel involved a class action, brought on behalf of city water consumers, which challenged the effective date of a city ordinance which increased the water rate. In Frankel we were not concerned with a fraud class action based on separate contracts and we did not expressly or inferentially recede from the prohibition against such actions. The distinction between Frankel and Osceola Groves is clear. Where, as in Osceola Groves and the present case, fraud based on separate contracts is alleged, the Frankel test is irrelevant. The elements for actionable fraud are (1) a false statement concerning a material fact; (2) knowledge by the person making the statement that the representation is false; (3) the intent by the person making the statement that the representation will induce another to act on it; and (4) reliance on the representation to the injury of the other party. In summary, there must be an intentional material misrepresentation upon which the other party relies to his detriment. In a situation such as this, involving multiple contractual sales, each of the parties has his own separate and distinct contract and must make a determination as to which terms are important to him. What one purchaser may rely upon in entering into a contract may not be material to another purchaser. Illustrative of this fact is that, in the instant case, some of the members of the class did not receive the public offering statement prior to their purchase of a lot. These purchasers could not, therefore, have relied upon the asserted fraudulent representation contained in the public offering statement.

We recognize that there has been some criticism of the limitation placed on class actions by our Osceola Groves decision. See, e.g., Avilla, 347 So.2d at 610 (England, J., dissenting); Arnold, Class Actions in Florida — A New Look, 31 U.Fla. L.Rev. 551 (1979). Nevertheless, we adhere to the view that "fraud claims on separate contracts are inherently diverse," Avila, 347 So.2d at 609, and, as a result, we reaffirm the prohibition against fraud class actions based on separate contracts.

We find that the members of this class, having apparently relied on this cause of action, should be entitled to proceed individually without prejudice against the sellers for breach of contract, fraud, specific performance, or rescission. Given the circumstances of this action, we find that the purchasers should not be subject to the defenses of the statute of limitations or laches, providing that their actions are commenced within a reasonable time after the remand of this decision.

For the reasons expressed, we quash the decision of the district court.

It is so ordered.

BOYD, C.J., and ADKINS, ALDERMAN, McDONALD, EHRLICH and SHAW, JJ., concur.

1 It should be noted that, if the respondents institute individual suits, the suits may, if appropriate, be consolidated under Florida Rule of Civil Procedure 1.270.
2 Florida Rule of Civil Procedure 1.220, which concerns class actions, was amended in 1980 to bring it in line with modern practice. The current class action rule is based on the federal class action rule, Federal Rule of Civil Procedure 23. See In re Rules of Civil Procedure, 391 So.2d 165 (Fla. 1980). This amendment did not affect the validity of the holdings in Osceola or Avila.