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ARISTEK COMMUNITIES, INC. v. FULLER

No. 83-1399.

453 So.2d 547 (1984)

ARISTEK COMMUNITIES, INC., a Florida Corporation, Doing Business As Lakewood Village and Aristek Properties, Ltd., a Foreign Corporation Doing Business As Lakewood Village, Appellants/Cross Appellees, v. Lee W. FULLER, et al., Appellees/Cross Appellants.

District Court of Appeal of Florida, Fourth District.

August 8, 1984.

Attorney(s) appearing for the Case

Lawrence A. Barkett of Gould, Cooksey, Fennell, Appleby, Barkett & O'Neil, Vero Beach, for appellants/cross appellees.

Clifford M. Miller of Miller & Miller, Vero Beach, for appellees/cross appellants.

Jack M. Skelding, Jr., Ronald A. Labasky and Kathryn G.W. Cowdery of Madigan, Parker, Gatlin, Swedmark & Skelding, Tallahassee, for Florida Manufactured Housing.

Jim Smith, Atty. Gen., and Joanna R. Martin, Sp. Asst. Atty. Gen., Tallahassee, for State of Florida.

John T. Allen, Jr., St. Petersburg, for Federation of Mobile Home Owners of Florida.

WALDEN, Judge.

The tenants at a mobile home park sued the park owners saying the rent increases from 1979 to 1983 were unconscionable. The tenants won. Owners appeal. We reverse and remand for further proceedings.

Contrary to the provisions of Section 83.754, Florida Statutes (1983),1 the trial court did not determine the issue of unconscionability. Instead, and erroneously, the issue was submitted to a jury. It returned a special...

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