CONCERNED CLASS MEMBERS, Appellants, v. SAILFISH POINT, INC., MOBIL LAND DEVELOPMENT CORP., SAILFISH POINT MARINA CORPORATION, SAILFISH POINT UTILITY CORPORATION, and SAILFISH PROPERTY OWNERS AND COUNTRY CLUB ASSOCIATION, INC., SAILFISH POINT OWNERS REPRESENTATIVES BY JEFF JAFFE, Chairman, HAROLD HANSEN, Vice Chairman, and MICHAEL DELCOLLO, Member, Appellees., 704 So. 2d 200

Summary

Appellants, non-named members of a class action, sought review of approval of a settlement agreement, which agreement was ratified by the majority of the class, whereby appellants had not formally intervened in the class action, but were permitted by the lower court to be heard and participate in the discovery prior to the final hearing. The appeal was dismissed. In support of its ruling, the court held that: class members such as appellants could not represent the class absent the procedures provided for in Fed. R. Civ. P. 23, class members who disagreed with the course of a class action had available adequate procedures through which their individual interests could be protected, and class actions could become unmanageable and non-productive if each member could individually decide to appeal. Accordingly, because appellants had not intervened and had not appealed the lower court's denial of their motion to establish a subclass, the appeal was dismissed.