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PORT ROYAL, INC. v. CONBOY

No. 3852.

154 So.2d 734 (1963)

PORT ROYAL, INC., a Florida corporation, and the City of Naples, a municipal corporation organized and existing under the laws of the State of Florida, et al., Appellants, v. Vincent H. CONBOY, and other taxpayers of the City of Naples, not named but made parties as members of a class, Appellees.

District Court of Appeal of Florida. Second District.

June 19, 1963.

Attorney(s) appearing for the Case

William Sheppard, Jr., of Sheppard & Woolslair, Fort Myers, for appellants.

Walter R. Condon, Naples, for appellees.

SMITH, Judge.

The sole question presented by this interlocutory appeal is whether the appellee, Vincent H. Conboy, may maintain this action as a class suit on behalf of himself and all other ad valorem taxpayers residing in the City of Naples. The lower court held that the action was properly brought as a class suit authorized by Rule 3.6, Florida Rules of Civil Procedure, 31 F.S.A. We affirm.

The appellee, as plaintiff...

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