CHRISTIAN N. ZARRA et al. v. KEN BURKE, 35 Fla. L. Weekly D436a (Fla. 2d DCA February 24, 2010)

In this class action case, plaintiffs sued the clerk of court for charging “a reopen fee for cases previously reported as disposed of.”  The trial court dismissed the complaint with prejudice for failure to state a cause of action after two amendments because of “pleading deficiencies.”  The trial court reasoned that a “re-opening fee” could be charged in such cases if one followed the “Summary Reporting System Manual.”  The Second District affirmed, with a special concurrence requesting clarity from the legislature and judiciary on this issue.

CHRISTIAN N. ZARRA et al. v. KEN BURKE, 35 Fla. L. Weekly D436a (Fla. 2d DCA February 24, 2010)