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KEY CLUB ASSOCIATES, LTD. v. MAYER

No. 97-04629.

718 So.2d 346 (1998)

KEY CLUB ASSOCIATES, LIMITED PARTNERSHIP, a Florida limited partnership, and Shannon Hotel Group, Inc., a Connecticut corporation authorized to do business in the State of Florida, as General Partner of Key Club Associates, Limited Partnership, a Florida limited partnership, individually and d/b/a "Longboat Key Club Resort Management," Appellants, v. Martin C. MAYER, Susan Mayer, Robert A. Rosin, John Doe, and Jane Doe, individually, and as Class Representatives, Appellees.

District Court of Appeal of Florida, Second District.

September 25, 1998.

Attorney(s) appearing for the Case

Jonathan L. Alpert, Patrick B. Calcutt, and William J. Cook of Alpert, Barker & Calcutt, P.A., Tampa; and Jim D. Syprett of Syprett, Meshad, Resnick & Lieb, Sarasota, for Appellants.

Michael J. Furen, Charles J. Bartlett, and Mark C. Dungan of Icard, Merrill, Cullis, Timm, Furen & Ginsburg, P.A., Sarasota, for Appellees.

ALTENBERND, Judge.

Key Club Associates, Limited Partnership (Key Club), along with the other defendants/counterplaintiffs in this case, appeal an order rejecting certification of their counterclaim as a class action against a counterdefendant class. The trial court refused to certify a class because it decided that a counterclaim may not be maintained against a class as a matter of law. Although we are inclined to believe that appropriate class action counterclaims...

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