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Weininger v. Club at Admiral's Cove

District Court of Appeal of Florida, Fourth District
Sep 16, 1998
717 So. 2d 163 (Fla. Dist. Ct. App. 1998)

Opinion

No. 98-0613.

Opinion filed September 16, 1998. JULY TERM 1998.

Appeal of a non-final order from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Harold J. Cohen, Judge; L.T. Case No. CL 95-1993AH.

George P. Ord of George P. Ord, P.A., Palm Beach, for appellants.

Edward A. Marod of Edward A. Marod, P.A., West Palm Beach, for appellee.


We affirm the trial court's denial of class certification under Florida Rule of Civil Procedure 1.220(b)(2), the only basis alleged in the appellants' amended complaint. The trial court did not err in finding that the amendment of the Club's bylaws was valid and made declaratory relief unnecessary. See Duran v. Credit Bureau of Yuma, Inc., 93 F.R.D. 607 (D.Ariz. 1982) (interpreting analogous provision of federal class action rule as not authorizing relief under similar circumstances).

WARNER, FARMER and KLEIN, JJ., concur.


Summaries of

Weininger v. Club at Admiral's Cove

District Court of Appeal of Florida, Fourth District
Sep 16, 1998
717 So. 2d 163 (Fla. Dist. Ct. App. 1998)
Case details for

Weininger v. Club at Admiral's Cove

Case Details

Full title:Bernard WEININGER and Shirley Weininger, individually and on behalf of…

Court:District Court of Appeal of Florida, Fourth District

Date published: Sep 16, 1998

Citations

717 So. 2d 163 (Fla. Dist. Ct. App. 1998)