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COLE v. DOUGLAS

No. 84-2218.

464 So.2d 229 (1985)

Benjamin COLE and Miriam Cole, His Wife, et al., Petitioners, v. Hon. Paul T. DOUGLAS; Angora Enterprises, Inc., a Florida Corporation; American Capital Corp., F/K/a Viking General Corporation, a Florida Corporation; and Joseph Kosow, Respondents.

District Court of Appeal of Florida, Fourth District.

February 27, 1985.

Attorney(s) appearing for the Case

Mark B. Schorr of Becker, Poliakoff & Streitfeld, P.A., Fort Lauderdale, for petitioners.

Gerald Mager and Maurice Garcia of Abrams, Anton, Robbins, Resnick, Schneider & Mager, P.A., Hollywood, and Bruce Rogow, Fort Lauderdale, for respondent, Kosow.

Robert S. Levy of Law Offices of Robert S. Levy, P.A., West Palm Beach, for respondents, Angora Enterprises, Inc., and American Capital Corp.

BARKETT, Judge.

Petitioners, by way of application for writ of certiorari, seek review of an order staying proceedings on Count V of their sixth amended complaint. We agree that the trial court departed from the essential requirements of law.

In 1979, the trial judge dismissed a count of petitioner's complaint challenging the enforceability of an escalation clause in a condominium recreation lease. In Cole v. Angora Enterprises, Inc.,

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