Alomar v. Magna Properties, Inc.

This is an appeal from an order denying class certification. Plaintiffs, a husband and wife, defaulted under an installment contract for the purchase of a lot under which the seller retained title until the purchase price was fully paid. Plaintiffs claim they are entitled to a refund of a portion of their payments which the seller is wrongfully retaining, and seek to proceed as representatives of a class of others they claim are similarly situated.

The trial court declined to certify a class because the claim did not meet several requirements of Florida Rule of Civil Procedure 1.220(a), one of…