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GRANADOS v. MILLER

Nos. 77-1507, 77-1646.

369 So.2d 358 (1979)

Felix GRANADOS, August Urbanek, Steve Urbanek, Harry T. Mangurian, Jr., Jack L. LaBonte and James M. LaBonte, Individually, and D/B/a Hollybrook Condominium Venture, and Wisconsin Real Estate Investment Trust, Appellants, v. A. Irwin MILLER and Anne Miller, His Wife, Etc., et al., Appellees. A. Irwin MILLER and Anne Miller, His Wife, et al., Appellants, v. Felix GRANADOS, August Urbanek, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 27, 1979.

Attorney(s) appearing for the Case

Davis W. Duke, Jr., of McCune, Hiaasen, Crum, Ferris & Gardner, P.A., Fort Lauderdale, for appellants, Granados, et al.

Jeffrey E. Streitfeld and Mark B. Schorr, of Becker, Poliakoff & Sachs, P.A., Fort Lauderdale, for appellees, Miller.

BERANEK, Judge.

These are consolidated interlocutory appeals growing out of a condominium recreational lease suit. At issue is § 718.401(4) Fla. Stat., which provides in relevant part:

"If the unit owner initiates any action ... under the lease, the unit owner or the association shall pay into the registry of the court any allegedly accrued rent and the rent which accrues during the pendency of the proceeding, ..."

The suit below sought to invalidate...

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