McINTOSH v. HARBOUR CLUB VILLAS CONDOMINIUMS

No. 81-2298.

421 So.2d 10 (1982)

Donald W. McINTOSH, Frances M. Farina, Robert W. Geyer, S. Nash, Edith Friedman and Herbert Spahn, and Other Persons Similarly Situated, Appellants, v. HARBOUR CLUB VILLAS CONDOMINIUM ASSOCIATION, Shores Condominium Association, Inc., Quayside Associates, Ltd., Rollnick, Squitero & Katz, P.A., and Williams, Salomon, Kanner, Damian, Weissler & Brooks, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 16, 1982.


Attorney(s) appearing for the Case

Ress, Gomez, Rosenberg & Howland and Sheldon Rosenberg, North Miami, for appellants.

Lapidus & Stettin and Richard Lapidus, Miami, for appellees.

Before NESBITT, BASKIN and DANIEL S. PEARSON, JJ.


NESBITT, Judge.

The plaintiffs appeal from the dismissal of their complaint on the basis that the agreement from which the plaintiffs' cause of action arose was champertous. We reverse.

The Metropolitan Dade County Commission (Commission) authorized zoning variances in favor of Quayside, a real estate project. Two condominium associations, the Villas and the Shores, as well as the plaintiffs, who were individuals residing within 500 feet of Quayside, or within...

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