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SCHLYTTER v. BAKER

No. 78-1060.

580 F.2d 848 (1978)

Robert O. SCHLYTTER and Marion C. Schlytter, his wife, Plaintiffs-Appellants, v. A. L. BAKER, Individually and as Head of the Department of Business Regulations, a Department of the State of Florida, and C. R. Lynch, Individually and as Director of the Division of Land Sales and Condominiums, a Division of the Department of Business Regulations, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 22, 1978.

Attorney(s) appearing for the Case

Levin, Warfield, Middlebrooks, Graff, Mabie, Rosenbloum & Magie, D. L. Middlebrooks, Pensacola, Fla., Spector & Tunnicliff, Sam Spector, Tallahassee, Fla., for plaintiffs-appellants.

Laurence D. Winson, Tallahassee, Fla., for defendants-appellees.

Before GODBOLD, RONEY and RUBIN, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

This case involves the constitutionality of Fla.Stat. §§ 718.302(3) and 718.401(8) [formerly 711.231] which prohibits escalation clauses in condominium leases when such clauses are keyed to national commodity or consumer price indexes. The Florida Supreme Court has held that the statute is prospective only on its application. Fleeman v. Case, Fla.S.Ct.1976, 342 So.2d 815; therefore...

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