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Scutieri v. Wilcosky

District Court of Appeal of Florida, Third District
Aug 4, 1992
601 So. 2d 303 (Fla. Dist. Ct. App. 1992)

Opinion

No. 91-2520.

June 23, 1992. Rehearing Denied August 4, 1992.

Appeal from the Circuit Court, Dade County, Joseph M. Nadler, J.

Hall O'Brien and Sack, P.A., and Richard O'Brien, III, Miami, for appellant.

Walton Lantaff Schroeder Carson and Robert L. Teitler, Dale Webner, Miami, for appellees.

Before SCHWARTZ, C.J., and BASKIN and JORGENSON, JJ.


Philip J. Scutieri, developer of the Sunrise Point Condominium Association, Inc., appeals from a final summary judgment in an action for malicious prosecution. We affirm.

Where, as here, a condominium association takes over litigation brought against the developer by individual unit owners and, as class representative, appears as the sole party plaintiff and settles the litigation, the developer may not sue the individual unit owners for malicious prosecution. Fla.R.Civ.P. 1.221; Della-Donna v. Nova Univ., Inc., 512 So.2d 1051 (Fla. 4th DCA 1987).

Affirmed.


Summaries of

Scutieri v. Wilcosky

District Court of Appeal of Florida, Third District
Aug 4, 1992
601 So. 2d 303 (Fla. Dist. Ct. App. 1992)
Case details for

Scutieri v. Wilcosky

Case Details

Full title:PHILIP J. SCUTIERI, JR., APPELLANT, v. JACK WILCOSKY, ET AL., APPELLEES

Court:District Court of Appeal of Florida, Third District

Date published: Aug 4, 1992

Citations

601 So. 2d 303 (Fla. Dist. Ct. App. 1992)