ERO PROPERTIES, INC., A NEW YORK CORPORATION AUTHORIZED TO TRANSACT BUSINESS WITHIN THE STATE OF FLORIDA, APPELLANT,
v.
JAY CONE ET AL., APPELLEES
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PER CURIAM.
This appeal from a non-final order determining that Count IV of the complaint can be maintained as a class action, but reserving for later ruling the “nature and existence of the Plaintiff class,” is dismissed upon a holding that the order appealed, unlike an order defining the class and its members, see Kohl v. Bay Colony Club Condominium, Inc., 385 So. 2d 1028 (Fla. 4th DCA 1980), does not determine jurisdiction of the person and is not, therefore, nor otherwise, appealable under Florida Rule of Appellate Procedure 9.130, see American Heritage Institutional Securities, Inc. v. Price, 379 So. 2d 420 (Fla. 5th DCA 1980) (rejecting the defendant-appellant’s apparently singular contention that a determination that the allegations of the complaint are sufficient to sustain a class action determines an issue of liability in favor of a party seeking affirmative relief and is thus an appealable non-final order).
Appeal dismissed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Gen. Dev. Corp. v. Stanislaus, 544 So. 2d 306 (Fla. 3d DCA 1989)…rders relating to the right of plaintiffs to maintain an action generally do not determine the court’s jurisdiction over the plaintiffs. [Citation omitted.] 417 So. 2d at 657. See National Lake Dev., 395 So. 2d at 592, Ero Properties, Inc. v. Cone, 395 So. 2d 1264 (Fla. 3d DCA 1981), American Heritage Institutional Sec., Inc. v. Price, 379 So. 2d 420 (Fla. 5th DCA 1980). Compare Hessen v. Metropolitan Dade County, 513 So. 2d 1330 (Fla. 3d DCA 1987) (order denying certification of suit as a class action is app…
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Penelope Hessen v. Metro. Dade Cnty., 513 So. 2d 1330 (Fla. 3d DCA 1987)…ppellant and the other bondholders who failed to respond to the redemption notice were entitled to one year’s interest payment. We hold at the outset that an order denying certification as a class action is appealable. Ero Properties, Inc. v. Cone, 395 So. 2d 1264 (Fla. 3d DCA 1981); Kohl v. Bay Colony Club Condo, 385 So. 2d 1028 [*1332] (Pla. 4th DCA 1980); Cordell v. World Ins. Co., 352 So. 2d 108 (Pla. 1st DCA 1977). The parties agree that a class suit must satisfy at least four prerequisites in order to…
Authorities Cited
- Kohl v. BAY Colony Club Condo., Inc., 385 So. 2d 1028 (Fla. 4th DCA 1980)
- T & T Trucking Co. & Ins. Co. of N. Am. v. McWILLIAMS, 379 So. 2d 420 (Fla. 1st DCA 1980)