OLEN PROPERTIES CORPORATION v. MOSS

No. 4D07-2592.

984 So.2d 558 (2008)

OLEN PROPERTIES CORPORATION, a Florida corporation, and Olen Residential Realty Corporation, a foreign corporation, all licensed to do business in Florida, Appellants, v. Samantha S. MOSS, as Class Representative of those similarly situated, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied July 9, 2008.


Attorney(s) appearing for the Case

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

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

Donna S. Barfield of Donna Barfield, P.A., West Palm Beach, for Amicus Curiae Florida Apartment Association.


GROSS, J.

Recently, in Olen Properties Corp. v. Moss, 981 So.2d 515 (Fla. 4th DCA 2008), we affirmed the circuit court's ruling that a case or controversy existed and certifying a class action in this case. Implicit in that decision was the conclusion that the complaint stated a cause of action. Here, Olen Properties appeals a different ruling, one granting a partial summary judgment and enjoining enforcement of certain provisions...

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