Killearn Properties, Inc. v. Rowell

District Court of Appeal of Florida

Killearn Properties, Inc. v. Rowell

357 So. 2d 268, 1978 Fla. App. LEXIS 15675

CourtDistrict Court of Appeal of Florida

DecidedApril 14, 1978

DocketNo. II-257

StatusPublished

This text of 357 So. 2d 268 (Killearn Properties, Inc. v. Rowell) 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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Killearn Properties, Inc. v. Rowell, 357 So. 2d 268, 1978 Fla. App. LEXIS 15675 (Fla. Ct. App. 1978).

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Opinion

PER CURIAM.

The necessary prerequisites to the maintenance of a class action are discussed in two recent opinions of this court, Cordell v. World Insurance Company, 352 So.2d 108 (Fla. 1st DCA 1977) and Smith v. Atlantic Boat Builder Company, 356 So.2d 359 (Fla.1st DCA 1978) Opinion Filed March 13, 1978, Case No. HH-298, and authorities therein cited and discussed. No useful purpose will be achieved by repetition here. Suffice to say, that the mere fact that some members of a proposed class may not ultimately be entitled to relief does not result in [269]*269inability to maintain the suit as a class action.

AFFIRMED.

McCORD, C. J., and BOYER and SMITH, JJ., concur.

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PER CURIAM.

The necessary prerequisites to the maintenance of a class action are discussed in two recent opinions of this court, Cordell v. World Insurance Company, 352 So.2d 108 (Fla. 1st DCA 1977) and Smith v. Atlantic Boat Builder Company, 356 So.2d 359 (Fla.1st DCA 1978) Opinion Filed March 13, 1978, Case No. HH-298, and authorities therein cited and discussed. No useful purpose will be achieved by repetition here. Suffice to say, that the mere fact that some members of a proposed class may not ultimately be entitled to relief does not result in [269]*269inability to maintain the suit as a class action.

AFFIRMED.

McCORD, C. J., and BOYER and SMITH, JJ., concur.

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357 So. 2d 268, 1978 Fla. App. LEXIS 15675, Counsel Stack Legal Research, https://law.counselstack.com/opinion/killearn-properties-inc-v-rowell-fladistctapp-1978.

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