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ASPEN-TARPON SPRINGS LTD. v. STUART

No. 92-2814.

635 So.2d 61 (1994)

ASPEN-TARPON SPRINGS LIMITED PARTNERSHIP, etc., et al., Appellants, v. George STUART, etc., et al., Appellees.

District Court of Appeal of Florida, First District.

January 18, 1994.

Attorney(s) appearing for the Case

Marguerite H. Davis, Daniel C. Brown, and Paul R. Ezatoff, of Katz, Kutter, Haigler, Alderman, Davis & Marks, Tallahassee, for appellants/cross-appellees.

Thomas A. Bell, E. Harper Field, and Tracy P. Moye, for Florida Dept. of Business and Professional Regulation, Tallahassee, appellees/cross-appellants.

Peter M. Dunbar and Robert S. Cohen, of Haben, Culpepper, Dunbar & French, Tallahassee, for Federation of Mobile Home Owners of Florida, Inc., appellee/cross-appellant.

David D. Eastman and Jack M. Skelding, Jr., of Parker, Skelding, Labasky & Corry, Tallahassee, for Florida Manufactured Housing Ass'n, Inc., amicus curiae.

BARFIELD, Judge.

This appeal involves challenges to a final judgment determining the constitutionality of two provisions of "The Florida Mobile Home Act," section 723.033, Florida Statutes (Supp. 1990), and section 723.061(2), Florida Statutes (1989). The trial court found section 723.033 constitutional and section 723.061(2) unconstitutional, and denied the mobile home park owners' request for attorney fees under 42 U.S.C. § 1988. We affirm each of these determinations...

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