EL CONQUISTADOR CONDOMINIUM, INC. v. DAY

No. 75-1595.

338 So.2d 237 (1976)

EL CONQUISTADOR CONDOMINIUM, INC., Appellant, v. Mr. and Mrs. William DAY et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 2, 1976.


Attorney(s) appearing for the Case

Swann & Glass, Orlando, for appellant.

Becker & Poliakoff, Miami Beach, Pettigrew, Arky, Freed, Stearns, Watson & Greer, Miami, for appellees.

Before BARKDULL, C.J., and PEARSON and NATHAN, JJ.


PER CURIAM.

This appeal is by the developer-builder of a condominium from a final judgment holding that it was liable for building defects in the common elements of the condominium and assessing damages therefor. The successful counter-plaintiffs were 125 of 210 individual owners of condominiums in the development.

The principal question raised is whether the trial court properly determined that the counter-plaintiffs constituted a class for the prosecution...

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