Federated Dept. Stores v. Charles Pasco Et Al‪.‬

These consolidated interlocutory appeals and petitions for certiorari are brought by the defendants. They seek review of the orders of the trial court which denied the defendants motions to dismiss plaintiffs complaints and the orders denying defendants motions for summary judgment. The common questions presented are: (1) Did the trial court err in holding that plaintiffs suits were properly brought as class actions? (2) Is the "previous balance" method of computing finance charges on "revolving charge accounts" permitted by Fla.Stat. ? 520.35, F.S.A.? We think that it is necessary to answer both questions in order to expedite future litigation on the subject. We hold, (1) that the motions to dismiss were erroneously denied because the instant suits do not qualify as class actions, and (2) that the motions to dismiss were erroneously denied because the "previous balance" method of computing finance charges on "revolving charge accounts" is not prohibited by the statute.