LOUIS A. BRESLERMAN ET AL., APPELLANTS,
v.
DORTEN, INC., A FLORIDA CORPORATION, ET AL., APPELLEES
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The court held that the refiled class action complaint stated a valid cause of action and that the relevant statute does not prohibit such actions.
Plaintiffs filed a class action for rescission and damages regarding a condominium recreation lease, alleging property was beyond the mean high water …
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PER CURIAM.
This is an appeal by the plaintiffs from an order dismissing their complaint in a class action for recission of lease and damages. The record reflects that in or about 1975, the plaintiffs filed a class action for damages and recission of a 99 year condominium recreation lease alleging that a portion of the leased condominium recreation property is located beyond the mean high water mark. The trial judge dismissed the complaint. On appeal to this court, the order of dismissal was affirmed for the reason that the complaint sounded in fraud and deceit. It was held that a cause of action based on fraud and deceit is generally inappropriate for a class action. Breslerman v. Dorten, Inc., 320 So. 2d 442, 443 (Fla. 3d DCA 1975).
In or about 1976, the plaintiffs proceeded to refile their class action, deleting the allegations of fraud and deceit. Upon motion of the defendants, the trial court again dismissed the complaint and this appeal ensued.
Review of the complaint as refiled discloses that plaintiffs state a valid cause of action for a class action. Port Royal, Inc. v. Conboy, 154 So. 2d 734 (Fla. 2d DCA 1963); Costin v. Hargraves, 283 So. 2d 375 (Fla. 4th DCA 1973). Further, we hold that Section 718.111, Florida Statutes (1977), does not prohibit a condominium unit owner from bringing a class action on behalf of all unit owners of the condominium similarly situated. Imperial Towers Condominium, Inc. v. Brown, 338 So. 2d 1081 (Fla. 4th DCA 1976). Therefore, we find that the trial court erred in dismissing the complaint.
Reversed and remanded.
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Rogers & Ford Constr. Corp. v. Carlandia Corp., 626 So. 2d 1350 (Fla. 1993)…2d 1333 (Fla. 3d DCA 1987) (unit owner, in individual capacity and as class representative, sued engineering firm for breach of warranty regarding plumbing defects, and condominium association was permitted to intervene); Breslerman v. Dorten, Inc., 362 So. 2d 37 (Fla. 3d DCA 1978) (unit owner may bring class action on behalf of similarly situated unit owners even where condominium association is not a party). This scheme of condominium law, as implemented in section 718.111(3) and rules 1.221 and 1.210(a),…1 / 2
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Spierer v. City OF N. Miami Beach, 560 So. 2d 1198 (Fla. 3d DCA 1990)…t a party to the utility contract, Spierer has alleged sufficient injury to confer standing to challenge the City’s utility rates and charges. See Skaggs-Albertson’s v. ABC Liquors, Inc., 363 So. 2d 1082, 1088 (Fla.1978); Breslerman v. Dorten, Inc., 362 So. 2d 37, 38 (Fla. 3d DCA 1978); § 718.111(3), Fla.Stat. (1987). The complaint alleges, however, that Spierer’s claims arise by virtue of the utility contract between the condominium and the City. Spierer’s objective in the litigation is to modify the condom…1 / 2
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Dickerson v. The Travelers Indem. Co., 365 So. 2d 794 (Fla. 2d DCA 1978)…court to permit those parties dropped as a result of his order to be reinstated as parties and permit appellants to amend their complaint in order to assert with more specificity their individual claims, if possible, see Breslerman v. Dorten, Inc., 362 So. 2d 37 (Fla. 3d DCA 1978). AFFIRMED with directions. GRIMES, C. J., and SCHEB and RYDER, JJ., concur.…
Authorities Cited
- Port Royal, Inc. v. Conboy, 154 So. 2d 734 (Fla. 2d DCA 1963)
- Costin v. Ansel L. Hargraves, 283 So. 2d 375 (Fla. 1st DCA 1973)
- Imperial Towers Condo., Inc. v. Brown, 338 So. 2d 1081 (Fla. 4th DCA 1976)
- Fuller v. State, 320 So. 2d 442 (Fla. 3d DCA 1975)