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LANCE v. WADE

Nos. 81-36, 81-98.

424 So.2d 161 (1983)

Joseph T. LANCE and Cross Key Waterways, Inc., Appellants, v. Charles H. WADE, Frank C. Herringer, and All Others Similarly Situated, and the Homeowners Association of Cross Key Waterways, Inc., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 24, 1983.

Attorney(s) appearing for the Case

Karl Beckmeyer, Tavernier, and Jeffrey E. Lehrman, Coconut Grove, for appellants.

Silver, Levy & Hershoff and Jay M. Levy, Nachwalter & Falk, Miami, for appellees.

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

JORGENSON, Judge.

Joseph T. Lance and Cross Key Waterways, Inc., appeal from an adverse judgment entered upon a jury verdict finding them liable for compensatory and punitive damages. The central issue in this appeal presents the question of the propriety of the trial court's submitting to the jury a class action sounding in fraud.1 For the reasons which follow, we affirm.

Relying on Osceola Groves v. Wiley,

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