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349 So. 2d 203

Piver v. Birman

District Court of Appeal of Florida · decided 1977-07-26

Relies on 340 So. 2d 463 - Frankel v. City of Miami Beach · 338 So. 2d 1081 - Imperial Towers Condominium, Inc. v. Brown

Good law ✅— No negative treatment on recordhow we know

Decided 1977-07-26

How this case has been cited

Cited by 5 later decisions — most recently November 1993

5 state decisions

20197719801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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PER CURIAM.

¶1Twelve condominium owners suing individually and as members of a class, together with the condominium association of the condominium complex in question, filed a class action against numerous defendants, including the developer, in a six count complaint that sought both legal and equitable relief.

¶2At pretrial conference the trial court denied the defendants’ motions for: (a) a continuance to allow plaintiff to further depose certain unit owners, (b) a summary judgment, (c) dismissal of the class action as to certain corporations, and (d) severance of the equitable claims not triable by jury. In this interlocutory appeal the defendants contend that the denial of the foregoing motions constituted reversible error.

¶3Appellants’ brief states that the equitable count for rescission was severed from the remaining counts of the complaint. Thus, we find no further basis for a motion to sever.

¶4The order denying a continuance is moot, as appellants certainly have had adequate time to take the depositions of all unit owners during the appellate proceedings, which were initiated in 1974.

¶5As to the remaining points on appeal, we believe the trial court’s rulings at pretrial conference find adequate support in two recent cases. Frankel v. City of Miami Beach, 340 So.2d 463 (Fla.1977), and Imperial Towers Condominium, Inc. v. Brown, 338 So.2d 1081 (Fla.4th DCA 1976).

¶6Accordingly, the order appealed from is affirmed.

¶7AFFIRMED.

DOWNEY, ANSTEAD and LETTS, JJ., concur.
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