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SANS SOUCI v. DIV. OF FLA. LAND SALES AND CONDOMINIUMS

No. AV-106.

448 So.2d 1116 (1984)

SANS SOUCI, a Florida General Partnership, Appellant, v. DIVISION OF FLORIDA LAND SALES AND CONDOMINIUMS, Department of Business Regulation, State of Florida, La Plaza Condominium Association, Inc., a Florida Corporation Not for Profit, On Behalf of Itself and All Other Condominium Unit Owners at Sans Souci, a Condominium, Fort Pickens Road, Pensacola Beach, Florida, Similarly Situated, Appellees.

District Court of Appeal of Florida, First District.

April 3, 1984.

Attorney(s) appearing for the Case

Charles L. Hoffman, Jr., of Shell, Fleming, Davis & Menge, P.A., Pensacola, for appellant.

Daniel J. Bosanko, Staff Atty., Dept. of Business Regulation, Tallahassee, for appellees.

WIGGINTON, Judge.

The issue for our review is whether there was sufficient documentary evidence presented to the Division of Florida Land Sales and Condominiums for the division to find that an assignment of a master sublease effected a novation, thereby making section 718.401(8), Florida Statutes (Supp. 1976), applicable to the sublease to bar the sublessor's attempted exercise of a rent escalation clause contained in the sublease.1 We...

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