Schlytter v. Baker

ALVIN B. RUBIN, Circuit Judge:

This case involves the constitutionality of Fla.Stat. §§ 718.302(3) and 718.401(8) [formerly 711.231] which prohibits escalation clauses in condominium leases when such clauses are keyed to national commodity or consumer price indexes. The Florida Supreme Court has held that the statute is prospective only on its application. Fleeman v. Case, Fla.S.Ct.1976, 342 So.2d 815; therefore, the sole constitutional issue presented is whether the statute denies lessors due process or equal protection in violation of the Fourteenth Amendment. Both parties moved for summary…