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.