Opinion
No. 2D99-1848.
Opinion filed March 17, 2000.
Appeal from non final order of the Circuit Court for Sarasota County; Lee E. Haworth, Judge.
Michael J. Furen, Charles J. Bartlett, and Mark C. Dungan of Icard, Merrill, Cullis, Timm, Furen Ginsburg, P.A., Sarasota, for Appellants.
Jonathan L. Alpert and William J. Cook of Alpert, Barker Rodems, P.A., Tampa; and Jim D. Syprett of Syprett, Meshad, Resnick, Lieb, Dumbaugh, Jones Krotec, P.A., Sarasota, for Appellees.
The appellants, members of a plaintiff class, challenge the certification of a counter-defendant class. We have carefully reviewed the record and this court's prior opinion in Key Club Associates, Ltd. Partnership v. Mayer, 718 So.2d 346 (Fla. 2d DCA 1998) (allowing certification of counterclaim class under Florida rules). We conclude that the trial court did not abuse its discretion in certifying the class. We agree with the appellants' contention that the notice to the counter-defendant class, as approved by the trial court, is deficient; we remand for the parties to address the contents of the notice in a manner consistent with their representations in this appeal. Because these were the only issues properly before the court in this interlocutory appeal, we decline at this time to address the other issues raised by the appellants.
Accordingly, we affirm the certification of the counter-defendant class but remand for revision of the notice to the class members.
Affirmed and remanded.
THREADGILL, A.C.J., and DANAHY, PAUL W., (SENIOR) JUDGE, Concur.