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MAISON GRANDE CONDO. ASS'N, INC. v. DORTEN, INC.

No. 90-529.

580 So.2d 859 (1991)

MAISON GRANDE CONDOMINIUM ASSOCIATION, INC., Appellant, v. DORTEN, INC., and Robert Siegel, As Successor Trustee under the Siegel Family Trust, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 11, 1991.

Attorney(s) appearing for the Case

Hyman & Kaplan, P.A., and Michael J. Hyman and Edoardo Meloni, Miami, for appellant.

Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin & Perwin, P.A., and Joel S. Perwin, Miami, for appellees.

Karl M. Scheuerman, Tallahassee, for Div. of Florida Land Sales, Condominiums, and Mobile Homes, as amicus curiae.

Robert A. Butterworth, Atty. Gen., and Charles A. Finkel, Asst. Atty. Gen., for the State of Fla. as amici curiae.

Floyd Pearson, Richman, Greer, Weil, Brumbaugh & Russomanno, P.A., and Gerald F. Richman, Scott J. Feder, and Robert J. Borrello, for Schreiber, Pearl, Gordon, and Gesundheit, in support of position of appellees, as amici curiae.

Before BASKIN, JORGENSON and COPE, JJ.

JORGENSON, Judge.

Maison Grande Condominium Association, Inc. [Maison Grande], appeals from an order of final summary judgment in an action for declaratory relief and breach of contract. We affirm.

In 1971, Maison Grande and Dorten, Inc., entered into a ninety-nine-year recreational lease for a pool deck. The lease contained an escalation clause that provided that the rental payments would be adjusted annually based upon changes in the consumer price index...

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