Ero Properties, Inc. v. Cone

District Court of Appeal of Florida

Ero Properties, Inc. v. Cone

395 So. 2d 1264, 1981 Fla. App. LEXIS 19072

CourtDistrict Court of Appeal of Florida

DecidedMarch 31, 1981

DocketNo. 80-1772

StatusPublished

Cited by2 cases

This text of 395 So. 2d 1264 (Ero Properties, Inc. v. Cone) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Ero Properties, Inc. v. Cone, 395 So. 2d 1264, 1981 Fla. App. LEXIS 19072 (Fla. Ct. App. 1981).

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Opinion

PER CURIAM.

This appeal from a non-final order determining that Count IV of the complaint can be maintained as a class action, but reserving for later ruling the “nature and existence of the Plaintiff class,” is dismissed upon a holding that the order appealed, unlike an order defining the class and its members, see Kohl v. Bay Colony Club Condominium, Inc., 385 So.2d 1028 (Fla. 4th DCA 1980), does not determine jurisdiction of the person and is not, therefore, nor otherwise, appealable under Florida Rule of Appellate Procedure 9.130, see American Heritage Institutional Securities, Inc. v. Price, 379 So.2d 420 (Fla. 5th DCA 1980) (rejecting the defendant-appellant’s apparently singular contention that a determination that the allegations of the complaint are sufficient to sustain a class action determines an issue of liability in favor of a party seeking affirmative relief and is thus an appealable non-final order).

Appeal dismissed.

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PER CURIAM.

This appeal from a non-final order determining that Count IV of the complaint can be maintained as a class action, but reserving for later ruling the “nature and existence of the Plaintiff class,” is dismissed upon a holding that the order appealed, unlike an order defining the class and its members, see Kohl v. Bay Colony Club Condominium, Inc., 385 So.2d 1028 (Fla. 4th DCA 1980), does not determine jurisdiction of the person and is not, therefore, nor otherwise, appealable under Florida Rule of Appellate Procedure 9.130, see American Heritage Institutional Securities, Inc. v. Price, 379 So.2d 420 (Fla. 5th DCA 1980) (rejecting the defendant-appellant’s apparently singular contention that a determination that the allegations of the complaint are sufficient to sustain a class action determines an issue of liability in favor of a party seeking affirmative relief and is thus an appealable non-final order).

Appeal dismissed.

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395 So. 2d 1264, 1981 Fla. App. LEXIS 19072, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ero-properties-inc-v-cone-fladistctapp-1981.

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