ALOMAR v. MAGNA PROPERTIES, INC.

No. 96-0697.

682 So.2d 1199 (1996)

Pedro ALOMAR and Paula Alomar, Appellants, v. MAGNA PROPERTIES, INC., a Florida corporation, and Magna Community Development Corporation, a Florida corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

November 13, 1996.


Attorney(s) appearing for the Case

Richard Bennett and Lisa Bennett, Coral Gables, for appellants.

Parker D. Thomson and Steven W. Davis of Thomson Muraro Razook & Hart, P.A., Miami, for appellees.


PER CURIAM.

This is an appeal from an order denying class certification. Plaintiffs, a husband and wife, defaulted under an installment contract for the purchase of a lot under which the seller retained title until the purchase price was fully paid. Plaintiffs claim they are entitled to a refund of a portion of their payments which the seller is wrongfully retaining, and seek to proceed as representatives of a class of others they claim are similarly situated.

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