Scutieri v. Wilcosky

District Court of Appeal of Florida

Scutieri v. Wilcosky

601 So. 2d 303, 1992 Fla. App. LEXIS 7225, 1992 WL 139019

District Court of Appeal of Florida·Decided June 23, 1992·No. No. 91-2520·Published

Opinion

PER CURIAM.

Philip J. Scutieri, developer of the Sunrise Point Condominium Association, Inc., appeals from a final summary judgment in [304]*304an 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.

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PER CURIAM.

Philip J. Scutieri, developer of the Sunrise Point Condominium Association, Inc., appeals from a final summary judgment in [304]*304an 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.

Scutieri v. Wilcosky, 601 So. 2d 303, 1992 Fla. App. LEXIS 7225, 1992 WL 139019 (Fla. Ct. App. 1992).

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