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R.I. HOSP. TR. BANK v. COASTAL WINDS CO., INC.

No. 87-1340.

528 So.2d 1257 (1988)

RHODE ISLAND HOSPITAL TRUST BANK, As Trustee of the Property and Estate of James H. Readyhough, Individually and As Trustee, and Hedwig Seldner, Appellants/Cross Appellees, v. COASTAL WINDS SOUTH, INC., a Cooperative Association, Appellee/Cross Appellant.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 25, 1988.

Attorney(s) appearing for the Case

Brian C. Deuschle of Spear & Deuschle, P.A., Fort Lauderdale, for appellants/cross appellees.

Harvey K. Mattel, Fort Lauderdale, for appellee/cross appellant.

STONE, Judge.

This is an appeal from a judgment holding the rent escalation provisions of a ninety-nine-year lease to be unconscionable. The trial court granted relief to the plaintiff cooperative association by declaring all present and future rent escalations to be void. The lease has been in effect for over twenty years.

The trial court fixed future rent at a specified permanent figure. The court additionally reduced the overall term of the lease from ninety...

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