MAURICE P. BEEMAN, INDIVIDUALLY, AND AS TRUSTEE, AND VALLE BEEMAN, HIS WIFE, APPELLANTS/CROSS-APPELLEES,
v.
ISLAND BREAKERS, A CONDOMINIUM, INC., APPELLEE/CROSS-APPELLANT
MAURICE P. BEEMAN, INDIVIDUALLY, AND AS TRUSTEE, AND VALLE BEEMAN, HIS WIFE, APPELLANTS/CROSS-APPELLEES,
ISLAND BREAKERS, A CONDOMINIUM, INC., APPELLEE/CROSS-APPELLANT
591 So. 2d 1031
Florida District Court of Appeal, Third District (1991)
Positive Treatment
Cited by 4 cases
Topics
Explore caselaw by topic → Browse Unconscionability cases and more on FLexlaw
Opinion of the Court
PER CURIAM.
On the court’s own motion the opinion previously published at 577 So. 2d 1341 is republished in order to correct the scrivener’s error detailed below. See Washington v. State, 92 Fla. 740, 745-46, 110 So. 259, 261 (1926).
At 577 So. 2d 1346, in the left-hand column, in the penultimate sentence of the first paragraph (which is continued from the preceding page), the opinion reads as follows:
The presumption is rebuttable, and failure of a lease to contain all of the enumerated elements neither precludes a determination of unconscionability nor raises a presumption of unconscionability.
(Emphasis added).
The sentence should read as follows:
The presumption is rebuttable, and failure of a lease to contain all of the enumerated elements neither precludes a de termination of unconscionability nor raises a presumption of conscionability.
Except for the above-stated correction, the opinion is otherwise unchanged.
It is so ordered.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Maison Grande Condo. Ass'n, Inc. v. Dorten, Inc., 621 So. 2d 762 (Fla. 3d DCA 1993)…does not create a new cause of action, but rather creates a rebuttable presumption to be applied in connection with the unconscionability action. Beeman v. Island Breakers, A Condominium, Inc., 577 So. 2d 1341, 1346 (Fla. 3d DCA 1990), corrected by, 591 So. 2d 1031 (Fla. 3d DCA), review denied, 591 So. 2d 180 (Fla.1991). We hold that Maison Grande has previously raised the issue of the clause’s unconscionability and is barred from repeating its attack. Albrecht. Thus, we affirm the judgment. Affirmed. . Sect…
-
Palafrugell Holdings, Inc. v. Marwin S. Cassel, Esq., 854 So. 2d 225 (Fla. 3d DCA 2003)…CURIAM. On the court’s own motion, the opinion previously published at 825 So. 2d 937 is republished in order to correct the scrivener’s error detailed below. See Washington v. State, 92 Fla. 740, 110 So. 259, 261 (1926); Beeman v. Island Breakers, 591 So. 2d 1031 (Fla. 3d DCA 1991). [*226] On page 989, in the right-hand column, the opinion reads as follows: Resolution of PalafrugeU’s claims against B & C arising out of an alleged breach of fiduciary duty does not affect Hernandez’s rights because the rights…
Authorities Cited
- Abe Washington v. State, 92 Fla. 740 (Fla. 1926)
- Beeman v. Island Breakers, 577 So. 2d 1341 (Fla. 3d DCA 1991)