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Wind v. Buckley Towers Condominium

District Court of Appeal of Florida, Third District
Dec 3, 1976
339 So. 2d 257 (Fla. Dist. Ct. App. 1976)

Opinion

No. 75-1038.

November 9, 1976. Rehearing Denied December 3, 1976.

Appeal from the Circuit Court, Dade County, Rhea Pincus Grossman, J.

Herbert Buchwald, Miami Beach, for appellants.

Joseph S. Paglino, Miami, for appellees.

Before HENDRY and HAVERFIELD, JJ., and LESTER, M. IGNATIUS, Associate Judge.


Appellants brought suit as a class action on behalf of themselves and a class similarly situated for declaratory judgment against appellee, Buckley Towers Condominium, Inc., as to appellee's right to assess a fee of 1% as a precondition to obtaining its approval of the right to transfer or lease apartments owned by the appellants.

Upon motion of the appellee the original and amended complaints were dismissed. The third amended complaint was dismissed without leave to amend. This appeal is from the final order of dismissal.

We have considered the question of the sufficiency of the allegations of the third amended complaint to show a right to a class action for declaratory judgment and have concluded that such a cause of action was stated. See Frankel et al., d/b/a Roney Plaza Apartments v. City of Miami Beach, Fla. 1976, 340 So.2d 463.

Reversed and remanded for further proceedings.


Summaries of

Wind v. Buckley Towers Condominium

District Court of Appeal of Florida, Third District
Dec 3, 1976
339 So. 2d 257 (Fla. Dist. Ct. App. 1976)
Case details for

Wind v. Buckley Towers Condominium

Case Details

Full title:FRED WIND AND ROSLYN MAURER, APPELLANTS, v. BUCKLEY TOWERS CONDOMINIUM…

Court:District Court of Appeal of Florida, Third District

Date published: Dec 3, 1976

Citations

339 So. 2d 257 (Fla. Dist. Ct. App. 1976)