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OLEN PROPERTIES CORP. v. MOSS

No. 4D07-501.

981 So.2d 515 (2008)

OLEN PROPERTIES CORPORATION and Olen Residential Realty Corporation, Appellants, v. Samantha S. MOSS, as Class Representative of those similarly situated, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 3, 2008.

Attorney(s) appearing for the Case

Henry Trawick of Henry Trawick, P.A., Sarasota, and Sheridan Weissenborn of Papy Weissenborn Vraspir Paterno & Puga, P.A., Coral Gables, for appellants.

Jane Kreusler-Walsh and Barbara J. Compiani of Kreusler-Walsh, Compiani & Vargas, P.A., Joseph Johnson and Theodore Babbitt of Babbitt, Johnson, Osborne & LeClainche, P.A., and Rod Tennyson of Rod Tennyson, P.A., West Palm Beach, for appellee.

POLEN, J.

Appellants, Olen Properties Corporation and Olen Residential Realty Corporation, appeal the trial court's non-final order finding that a case or controversy existed between Appellants and Appellee Samantha S. Moss and in certifying a class action. Moss was a tenant in one of Appellants' apartment complexes who exercised her right of early termination of her lease and was charged an early cancellation fee amounting to one month's rent. Moss paid the charge...

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