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SEMINOLE-ON-THE-GREEN v. KELLY

No. 82-2194.

445 So.2d 1071 (1984)

SEMINOLE-ON-THE-GREEN, Cavalier Building One Association, Inc., a Nonprofit Florida Corporation, Seminole-On-the-Green, Villas Unit No. Two South Association, Inc., a Nonprofit Florida Corporation, Seminole-On-the-Green, Villas Unit No. Four South Association, Inc., a Nonprofit Florida Corporation, Seminole-On-the-Green, Villas Unit No. Two North Association, Inc., a Nonprofit Florida Corporation, and Seminole-On-the-Green, Villas Unit No. Three South Association, Inc., a Nonprofit Florida Corporation, Appellants, v. Jack KELLY, Individually, and As Trustee of Seminole-On-the-Green Management, Inc., a Dissolved Florida Corporation, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied March 5, 1984.

Attorney(s) appearing for the Case

Hugh E. Reams of Goldner, Reams, Marger, Davis, Piper & Kiernan, P.A., St. Petersburg, for appellants.

John T. Blakely of Johnson, Blakely, Pope, Bokor, Ruppel & Tew, P.A., Clearwater, for appellee.

OTT, Chief Judge.

The main issue presented in this appeal is whether a certain rent escalation clause, tied to the consumer price index, contained in condominium recreational facilities leases is unconscionable and therefore unenforceable under Florida contracts law. We affirm the order of the trial court finding that the lease provisions were not unconscionable.

Appellants' second amended complaint alleged that recreational facilities leases between the parties...

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