George and Joy KUGLER, Albert and Janet Fleuchaus, Roger and Mary Kampschroer, Sang Ki and Helen Lee, Ernest and Harriet Loberg, Edward and Virginia Mann, James and Charlotte Nallen, Jerry and Barbara Neumann, Richard and Theresa Bartoszewski, Frank Leifel, Edward and Rose Weskerna, and Elizabeth Paintin, on Behalf of Themselves and All Others Similarly Situated, and Marthas Hess, et al., Plaintiffs-Appellees,
v.
SOUTHMARK REALTY PARTNERS III, a California Limited Partnership, n/k/a McNeil Real Estate Fund XXIII, McNeil Partners, L.P., a Delaware Partnership, and Southmark Investment Partnership 85, a Nevada Corporation, Defendants-Appellants (I.R.E. Real Estate Income Fund, a Florida Limited Partnership and BFC Financial Corporation, a Florida Corporation, as its Successor in Interest, I.R.E. Real Estate Income Advisors Corporation, Alan B. Levan, Susan C. Peristein, and Frank V. Grieco; I.R.E. Pension Investors II, Ltd., a Florida Limited Partnership, I.R.E. Pension Advisors Corporation, Alan B. Levan, Susan C. Peristein and Frank V. Grieco; I.R.E. Real Estate Growth Fund, Ltd., Series 29, a Florida Limited Partnership, I.R.E. Advisors Series 29 Corporation, and I.R.E. Series 29 Associates, Ltd.; I.R.E. Real Estate Growth Fund, Ltd., Series 28, a Florida Limited Partnership, I.R.E. Advisors Series 28 Corporation, Alan B. Levan, Susan C. Peristein, and Frank V. Grieco; Hallwood Income Real Estate Investors A, a Delaware Limited Partnership, as the Successor in Interest to Equitec Real Estate Investors Fund A, and its General Partner Hallwood Realty Partners, L.P., a Delaware Limited Partnership; Southmark Equity Partners II, a California Limited Partnership, n/k/a McNeil Real Estate Fund XXV, Equity Partners, a Texas Partnership, and McNeil Partners, L.P., a Delaware Partnership; Southmark Realty Partners II, a California Limited Partnership, n/k/a McNeil Real Estate Fund XXII, Southmark Investment Group, Inc., a Nevada Corporation, and McNeil Partners L.P., a Delaware Limited Partnership, Defendants).