D.R. v. State

Appellants, Marco Island Civic Association (MICA) and Sally Bhavnani, challenge a non-final order designating Mrs. Bhavnani as the defendant class representative in this action for a declaratory judgment. Appellee, Dr. Luc Mazzini, wishes to erect a medical arts building on property located in the Marco Beach subdivision and seeks a declaratory judgment allowing him to do so free of deed restrictions which prohibit the construction of any structure other than a detached single family dwelling. Dr. Mazzinis complaint describes the defendant class as the subdivision residents who "enjoy the rights and privileges created by the subject deed restrictions." The trial court granted Dr. Mazzinis motion to determine class representation and entered an order designating Mrs. Bhavnani the defendant class representative. MICA and Mrs. Bhavnani contend the trial court erred in determining that she can fairly and adequately protect and represent the interests of other members of the class. We agree and reverse.