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HOVNANIAN FLA., INC. v. DIV. OF FLA. LAND SALES

No. YY-314.

401 So.2d 851 (1981)

HOVNANIAN FLORIDA, INC., Appellant, v. DIVISION OF FLORIDA LAND SALES AND CONDOMINIUMS, DEPARTMENT OF BUSINESS REGULATION, State of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied August 21, 1981.

Attorney(s) appearing for the Case

Cynthia S. Tunnicliff, of Spector, Tunnicliff & McCord, and Benjamin H. Ervin, Tallahassee, for appellant.

Mary Jo M. Gallay, Tallahassee, for appellee.

JOANOS, Judge.

The controversy in this appeal involves the legality of an escalation clause in a condominium recreation lease; the clause provides for the yearly adjustment of rental payments in accordance with fluctuations of the Cost of Living Index. Contending that the escalation clause violated § 718.401(8), Florida Statutes (1979), the Division of Florida Land Sales and Condominiums (the "Division") ordered appellant, the developer of the condominium and...

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