AVILA SOUTH CONDOMINIUM ASSOCIATION, ETC., ET AL., APPELLANTS,
v.
KAPPA CORPORATION ET AL., APPELLEES

Fla. | 1976-05-04
No. 48753
OVERTON, C. J., and ROBERTS, ADKINS, BOYD and HATCHETT, JJ., concur.
347 So. 2d 599 Florida Supreme Court (1976) Negative Treatment
Cited by 178 cases

Opinion of the Court

Upon consideration of the Motion for Remand filed by attorneys for appellants, it is ordered by the Court that said Motion is granted and this case is hereby remanded to the Circuit Court in and for Dade County, Florida with directions to reinstate Plaintiff’s Complaint as to Count I.

OVERTON, C. J., and ROBERTS, ADKINS, BOYD and HATCHETT, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (84 total)

  • Martinez v. Scanlan, 582 So. 2d 1167 (Fla. 1991)
    …v. Board of Public Instruction, 137 So. 2d 828 (Fla.1962). Thus, a separation of powers violation does not automatically mandate that a court declare the entire statute unconstitutional. See Avila South Condominium Association, Inc. v. Kappa Corp., 347 So. 2d 599 (Fla.1977). The trial court found that provisions vesting the Supreme Court Judicial Nominating Commission with the ability to control the retention process of the newly created Industrial Relations Commission (IRC) judges; subjecting those judges…
  • …of the condominium industry on Florida’s economy and citizens, are not alone determinative of the impairment question. These considerations are relevant, of course, in this context as well as others. See Avila South Condominium Ass’n v. Kappa Corp., 347 So. 2d 599 (Fla.1977). . The deposit procedure of Florida Rule of Civil Procedure 1.600, for example, does not “impair” contract rights in the constitutional sense. Unlike the statutory rent deposit provision at issue in this case, our rule does not direct th…
  • Steinhardt v. Rudolph, 422 So. 2d 884 (Fla. 3d DCA 1982)
    …legislative scrutiny for their asserted unfairness to the individual unit owners. It is now recognized that a cause of action sounding in unconscionability lies against the enforceability of such leases. Avila South Condominium Ass’n v. Kappa Corp., 347 So. 2d 599, 605 (Fla.1977); Cole v. Angora Enterprises, Inc., 370 So. 2d 1227 (Fla. 4th DCA 1979); Burleigh House Condominium, Inc. v. Buchwald, 368 So. 2d 1316, 1317-18 (Fla. 3d DCA), cert. denied, 379 So. 2d 203 (Fla.1979); Point East One Condominium Corp. v…
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