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HENDLER v. ROGERS HOUSE CONDOMINIUM, INC.

No. 69-584.

234 So.2d 128 (1970)

Freddy J. HENDLER, Hyman B. Hendler, Ethel B. Hendler and Donald B. Hendler D/B/a Rogers Associates, Marqusee Homes, Inc., and Fredon Corporation, Appellants, v. The ROGERS HOUSE CONDOMINIUM, INCORPORATED, On Behalf of Itself and All Unit Owners of the Rogers House Condominium, Appellee.

District Court of Appeal of Florida, Fourth District.

April 15, 1970.

Attorney(s) appearing for the Case

Myron H. Burnstein of Salter, Yeslow & Burnstein, Hollywood, and Raymond W. Royce, of Scott, Burk & Royce, Palm Beach, for appellants.

Thomas J. Becker, of Tylander & Becker, Boca Raton, for appellee.

OWEN, Judge.

The defendants in a class action filed their motion to dismiss the complaint on the grounds that it was not a class action under Rule 1.220 F.R.C.P., 30 F.S.A. This interlocutory appeal is from the order denying the motion to dismiss, presenting the question of the sufficiency of the complaint.

The plaintiff was a condominium association under F.S. Chapter 711, F.S.A. It alleged that it had a leasehold interest in one of the condominium units...

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