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AVILA SOUTH CONDOMINIUM ASS'N, INC. v. KAPPA CORP

No. 48753.

347 So.2d 599 (1977)

AVILA SOUTH CONDOMINIUM ASSOCIATION, INC., a Florida Non-Profit Corporation, in Its Own Interest and Behalf of Its Members, et al., Petitioners, v. KAPPA CORPORATION, a Florida Corporation, et al., Respondents.

Supreme Court of Florida.

As Corrected on Denial of Rehearing June 13, 1977.

Attorney(s) appearing for the Case

Alan S. Becker and Jeffrey E. Streitfeld of Becker & Poliakoff, P.A., Miami Beach, for petitioners.

Gerald F. Richman and James D. Little, of Frates, Floyd, Pearson, Stewart, Richman & Greer, Miami, for respondents.

HATCHETT, Justice.

Petitioners stated several counts in a complaint, which was met with a motion to dismiss. The trial court dismissed with prejudice the first, fifth, seventh, and eighth counts, and ordered the class action allegations stricken as to the remaining counts. In striking the class action allegations, the trial court ruled Section 711.12(2), Florida Statutes (1975),1 unconstitutional.

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