National Lake Developments, Inc. v. Lake Tippecanoe Owners Ass'n, Inc., No. 60509

CourtUnited States State Supreme Court of Florida
Writing for the CourtBOYD; ALDERMAN; ADKINS
Citation417 So.2d 655
PartiesNATIONAL LAKE DEVELOPMENTS, INC., and Harry Macksey, Petitioners, v. LAKE TIPPECANOE OWNERS ASSOCIATION, INC., Respondent.
Decision Date15 July 1982
Docket NumberNo. 60509

Page 655

417 So.2d 655
NATIONAL LAKE DEVELOPMENTS, INC., and Harry Macksey, Petitioners,
v.
LAKE TIPPECANOE OWNERS ASSOCIATION, INC., Respondent.
No. 60509.
Supreme Court of Florida.
July 15, 1982.

Daryl J. Brown of Rosin, Abel, Band, Brown & Russell, Sarasota, for petitioners.

Joseph S. Paglino of the Law Offices of Joseph S. Paglino, Miami, and Ezra J. Regen, Sarasota, for respondent.

BOYD, Justice.

This cause is before the Court on petition for review of the decision of the court below, National Lake Developments, Inc. v. Lake Tippecanoe Owners Association, 395

Page 656

So.2d 592 (Fla. 2d DCA 1981), on the ground that it conflicts with Kohl v. Bay Colony Club Condominium, Inc., 385 So.2d 1028 (Fla. 4th DCA 1980). We have jurisdiction. Art. V, § 3(b)(3), Fla.Const.

Lake Tippecanoe is a residential community. The dwellings there are owned in the condominium form of ownership. Lake Tippecanoe Owners Association, Inc., is, as its name suggests, an organization of the owners of the dwelling units in Lake Tippecanoe. The association brought a class action, on behalf of the unit owners, against National Lake Developments, Inc., and three of its directors. The defendant corporation developed the Lake Tippecanoe community and sold the dwelling units in the form of condominiums. The defendant corporation also founded the owners association; three of the directors of National Lake Developments, Inc., served as the original officers of the unit owners association.

In the lawsuit, the association sought recission or cancellation of a ninety-nine years lease of recreation facilities, compensatory damages, punitive damages, and attorneys' fees. The defendants filed an answer containing numerous affirmative defenses. One of the affirmative defenses asserted that certain members of the plaintiff class, namely, those who had not originally purchased their condominiums directly from the developer, were improperly included in the plaintiff class and should be dismissed therefrom. The plaintiff association moved to strike the affirmative defenses. The trial court granted the motion as to some of the affirmative defenses, including the one pertaining to the propriety of certain members of the plaintiff class, and the defendants appealed.

On motion of the association, the district court dismissed the appeal insofar as it related to all the affirmative defenses stricken by the trial court except for the one pertaining to the proper members of the plaintiff class. The district court then proceeded to issue an opinion explaining that the trial court's order striking the affirmative defense pertaining to the composition of the plaintiff class was, like the remainder of the order, not appealable.

The court pointed out that nonfinal orders of trial courts are only appealable if they are included in one of the categories listed in Florida Rule of Appellate Procedure 9.130(a)(3). * The court then noted that in Kohl v. Bay Colony Club Condominium, Inc., 385 So.2d 1028 (Fla. 4th DCA 1980), it was held that an order determining the members of a class and holding a class action maintainable was an order determining jurisdiction of the person, and was therefore appealable under Rule 9.130(a)(3). The Kohl court reasoned that, since a judgment in a class action suit is binding on all members of the class, an order determining the proper members of the...

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21 practice notes
  • Fundamental Long Term Care Holdings, LLC v. Estate of Jackson, No. 2D12–394.
    • United States
    • Court of Appeal of Florida (US)
    • 8 Febrero 2013
    ...have jurisdiction to review it. SeeFla. R.App. P. 9.130(a)(3)(C)(i); see also Nat'l Lake Devs., Inc. v. Lake Tippecanoe Owners Ass'n, 417 So.2d 655, 657 (Fla.1982) (holding that “ ‘the term “jurisdiction of the person” refers to service of process or the applicability of the long[-]arm stat......
  • Fundamental Long Term Care Holdings, LLC v. Estate of Jackson, Case No. 2D12-394
    • United States
    • Court of Appeal of Florida (US)
    • 28 Noviembre 2012
    ...have jurisdiction to review it. See Fla. R. App. P. 9.130(a)(3)(C)(i); see also Nat'l Lake Devs., Inc. v. Lake Tippecanoe Owners Ass'n, 417 So. 2d 655, 657 (Fla. 1982) (holding that " 'the term "jurisdiction of the person" refers to service of process or the applicability of the long[-]arm ......
  • Warren v. Southeastern Leisure Systems, Inc., Nos. BS-424
    • United States
    • Court of Appeal of Florida (US)
    • 23 Marzo 1988
    ...582 (Fla. 3d DCA 1984); National Lake Developments, Inc. v. Lake Tippecanoe Owners Ass'n, 395 So.2d 592 (Fla. 2d DCA 1981), approved, 417 So.2d 655 (Fla.1982); American Health Ass'n v. Helprin, 357 So.2d 204 (Fla. 4th DCA 1978). The order appealed is one that determines appellee's right to ......
  • General Development Corp. v. Stanislaus, No. 88-1141
    • United States
    • Court of Appeal of Florida (US)
    • 30 Mayo 1989
    ...307 determine jurisdiction of the person. The Florida supreme court stated in National Lake Dev. v. Lake Tippecanoe Owners Ass'n, Inc., 417 So.2d 655 (Fla.1982), adopting the language of the Second District Court of Appeal in that same case, 395 So.2d 592, 593 (Fla. 2d DCA As used in rule 9......
  • Request a trial to view additional results
21 cases
  • Fundamental Long Term Care Holdings, LLC v. Estate of Jackson, No. 2D12–394.
    • United States
    • Court of Appeal of Florida (US)
    • 8 Febrero 2013
    ...have jurisdiction to review it. SeeFla. R.App. P. 9.130(a)(3)(C)(i); see also Nat'l Lake Devs., Inc. v. Lake Tippecanoe Owners Ass'n, 417 So.2d 655, 657 (Fla.1982) (holding that “ ‘the term “jurisdiction of the person” refers to service of process or the applicability of the long[-]arm stat......
  • Fundamental Long Term Care Holdings, LLC v. Estate of Jackson, Case No. 2D12-394
    • United States
    • Court of Appeal of Florida (US)
    • 28 Noviembre 2012
    ...have jurisdiction to review it. See Fla. R. App. P. 9.130(a)(3)(C)(i); see also Nat'l Lake Devs., Inc. v. Lake Tippecanoe Owners Ass'n, 417 So. 2d 655, 657 (Fla. 1982) (holding that " 'the term "jurisdiction of the person" refers to service of process or the applicability of the long[-]arm ......
  • Warren v. Southeastern Leisure Systems, Inc., Nos. BS-424
    • United States
    • Court of Appeal of Florida (US)
    • 23 Marzo 1988
    ...582 (Fla. 3d DCA 1984); National Lake Developments, Inc. v. Lake Tippecanoe Owners Ass'n, 395 So.2d 592 (Fla. 2d DCA 1981), approved, 417 So.2d 655 (Fla.1982); American Health Ass'n v. Helprin, 357 So.2d 204 (Fla. 4th DCA 1978). The order appealed is one that determines appellee's right to ......
  • General Development Corp. v. Stanislaus, No. 88-1141
    • United States
    • Court of Appeal of Florida (US)
    • 30 Mayo 1989
    ...307 determine jurisdiction of the person. The Florida supreme court stated in National Lake Dev. v. Lake Tippecanoe Owners Ass'n, Inc., 417 So.2d 655 (Fla.1982), adopting the language of the Second District Court of Appeal in that same case, 395 So.2d 592, 593 (Fla. 2d DCA As used in rule 9......
  • Request a trial to view additional results

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