ASSOCIATION OF GOLDEN GLADES CONDOMINIUM CLUB, A FLORIDA CORPORATION NOT FOR PROFIT, APPELLANT,
v.
SECURITY MANAGEMENT CORP., A MARYLAND CORPORATION, APPELLEE

Fla. 3d DCA | 1988-01-19
No. 87-539
Before HENDRY, NESBITT and JORGENSON, JJ., HENDRY and NESBITT, JJ., concur.
518 So. 2d 967 Florida District Court of Appeal, Third District (1988) Positive Treatment
Cited by 2 cases
Topics
Retroactive Application Of Statutes Statutory Construction Statutory Interpretation

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This case presents the same issue as that considered in Condominium Ass’n of Plaza Towers North, Inc. v. Plaza Recreation Dev. Corp., 514 So. 2d 381 (Fla. 3d DCA 1987), and in Golden Glades Club Recreation Corp. v. Association of Golden Glades Condominium Club, Inc., 385 So. 2d 103 (Fla. 3d DCA 1980), both of which involve rent escalation clauses in condominium recreation leases and both of which hold that section 718.401(8), Florida Statutes (1985), previously section 711.231, Florida Statutes (1975), which invalidate rent escalation clauses in condominium recreation leases cannot be applied retroactively to invalidate the rent escalation clause at issue here. We affirm on those authorities. We further certify to the Florida supreme court the following question of great public importance:

TO WHAT EXTENT DOES SECTION 718.401(8), FLORIDA STATUTES (1985), APPLY TO RENT ESCALATION CLAUSES ENTERED INTO BEFORE THE EFFECTIVE DATE OF THE STATUTE?

Affirmed.

HENDRY and NESBITT, JJ., concur.

Dissent
JORGENSON, Judge,

JORGENSON, Judge,

dissenting.

I respectfully dissent and would adopt the view of my brother Ferguson, who dissented in Condominium Ass’n of Plaza Towers North, Inc. v. Plaza Recreation Development Corp., 514 So. 2d 381 (Fla. 3d DCA 1987).

I join the court in the certified question.

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Citator

Cited By

  • Ass'n OF Golden Glades Condo. Club, Inc. v. Sec. Mgmt. Corp., 557 So. 2d 1350 (Fla. 1990)
    …OVERTON, Justice. We have for review Association of Golden Glades Condominium Club, Inc. v. Security Management Corp., 518 So. 2d 967 (Fla. 3d DCA 1988), in which the Third District Court of Appeal certified the following question as one of great public importance: TO WHAT EXTENT DOES SECTION 718.401(8), FLORIDA STATUTES (1985), APPLY TO RENT ESCALATION CLAUSES ENTERED INTO BEFOR…
  • Condo. Ass'n OF Plaza Towers N., Inc. v. Plaza Rec. Dev. Corp., 557 So. 2d 1356 (Fla. 1990)
    …rove the Third District Court of Appeal’s decision. The Third District Court of Appeal relied on its decision in the instant case in rendering its opinion in Association of Golden Glades Condominium Club, Inc. v. Secur [*1357] ity Management Corp., 518 So. 2d 967 (Fla. 3d DCA 1988), in which it certified the identical issue to this Court as one of great public importance. For the reasons we expressed in Association of Golden Glades Condominium Club, Inc. v. Security Management Corp., 557 So. 2d 1350 (Fla.199…

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