Palm Court, Inc. v. Durham

OPINION OF THE COURT

DANIEL T. K. HURLEY, Circuit Judge.

ORDER GRANTING UNIT OWNERS’ MOTION FOR CERTIFICATION OF A CLASS OF INVESTORS TO PROSECUTE COUNTS III, V & VI BUT DENYING USE OF PRESUMPTION OF RELIANCE

THIS CAUSE came before the court upon the plaintiffs’/unit owners’ motion to certify a class pursuant to rule 1.220, Fla.R.Civ.P., to prosecute counts III, V and VI for securities fraud. For the reasons stated hereafter, the court concludes that a class of investors may be certified but, because of the allegations in the complaint, the representative parties plaintiff may not employ a…