DUNE DECK CONDOMINIUM ASSOCIATION, INC., A FLORIDA CORPORATION NOT FOR PROFIT, RICHARD I. BARON, LEWIS KONIGSBERG, LOUIS GOLDBERG, PHILIP JACKSON, ROBERT KAYE, JEREMIAH SUNDELL, STEVEN ZNEIMER, JERRY ZISES, ALBERT KRANGLE, RALPH SARET, MURRAY BOWEN, DAN GIMBEL, ALFRED GEBER, ARNOLD GRANDBERG, ROBERT SLATER, PHIL GARBER, ROBERT ASCH, C.S. PYSHOS, HYMAN KERTZMAN, R. VOLK, WILLIAM S. VOGEL, MABLE KAPLAN, JEANNE SHAPIRO AND THERESA GREENBERG, APPELLANTS,
v.
LINDBERG DEVELOPMENT CORPORATION, A FLORIDA CORPORATION, TOWN OF SOUTH PALM BEACH, ETC., AND D.M. AMBROSE, APPELLEES
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The dissenting opinion argues that a rent escalation clause in a pre-statute condominium recreational lease should be enforceable because the statute prohibiting such clauses is not retroactive and the lease sufficiently incorporated the Declaration of Condominium, which in turn incorporated the Condominium Act.
The dissenting judge would reverse the lower court's decision, arguing that the rent escalation clause is enforceable because the operative date for retroactivity is the date of escalation, not the lease date, and the lease incorporated the Declaration of Condominium.
The case involves a 99-year lease for condominium recreational facilities entered into before a statute that would invalidate rent escalation clauses.…
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PER CURIAM.
We hold that the trial court abused its discretion in denying with prejudice appellants’ petition for leave to intervene. Wags Transportation System v. City of Miami Beach, 88 So. 2d 751 (Fla.1956); Citibank, N.A. v. Blackhawk Heating & Plumbing Co., 398 So. 2d 984 (Fla. 4th DCA 1981); Brickell Bay Condominium Association v. Forte, 410 So. 2d 522 (Fla. 3d DCA 1982); and Fla.R.Civ.P. 1.230 and comments.
Accordingly, we reverse.
GLICKSTEIN, WALDEN and BARK-ETT, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Wags Transp. Sys., Inc. v. City OF Miami Beach, 88 So. 2d 751 (Fla. 1956)
- Badger v. State, 398 So. 2d 984 (Fla. 1st DCA 1981)
- Brickell BAY Condo. Ass'n, Inc. v. Forte, 410 So. 2d 522 (Fla. 3d DCA 1982)