OUTDOOR RESORTS, ETC. v. OUTDOOR RESORTS, ETC.

No. 79-866.

379 So.2d 471 (1980)

OUTDOOR RESORTS OF AMERICA, INC., Appellant, v. OUTDOOR RESORTS AT NETTLES ISLAND, INC., et al., Appellee.

District Court of Appeal of Florida, Fourth District.

February 6, 1980.


Attorney(s) appearing for the Case

James E. Slater and Scott J. Johnson of Maguire, Voorhis & Wells, P.A., Orlando, for appellant.

Rod L. Tennyson of Ombres, Powell, Tennyson & St. John, P.A., West Palm Beach, for appellee.


LETTS, Judge.

The issue here involves retention by a developer of the exclusive right to rent recreational vehicle site lots for a fifty percent commission, when individual lot owners are not using them. The trial judge, citing Section 542.12, Florida Statutes (1977), held that rights retained were in restraint of trade because local real estate brokers in the community were thus precluded from plying their trade at the camping resort. We reverse.

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