HomeMy WebLinkAbout0854 provision is "fair or reasonable" under the provisions of Section
718.302(2), Florida Statutes, as construed in Outdoor Resorts of
America, Inc., v. Erskine, Case No. 76-911, Circuit Court, St. Lucie
County. The evidence presented to the Court deals with violations
of public policy as it relates to restraint of trade in the de-
livery of real estate brokerage services. The Florida Supreme Court
has spelled out the test for restraint of trade in a small community
in Stewart v. Stearns ~ Culver Lumber Co., 48 So. 19 (1908). At
common law, if any contract or agreement such as Article XI in the
Declaration of Condominium "in its operation has or may have a
tendency to restrain trade, to stifle competition in trade, to
create or maintain a monopoly or to unnaturally control the supply
of, or to increase the price of or to curtail the opportunity of
obtaining useful commodities to the injury of the public or any
considerable portion of the p_opulation of any locality is reqarded
as contrary to just governmental principles and inimical to the
public welfare and, therefore, aqainst public policy". Stewart,
Supra, p. 25. ~
i It is thereupon
i
! ORDERED and ADJUDGED that this cause is dismissed with
~
~ prejudice, as the provisions of Article XI of the Declaration of
e
~ Condominium are unenforceable as they constitute unreasonable
~
` restraints on trade in violation of the public policy of the State
i
~ of Florida. It is further
~
~ ORDERED and ADJUDGED that costs are assessed aqainst the
~ Plaintiff and the Court reserves jurisdiction to assess costs upon
~ proper proof. :
~
~ DONE and ORDEREO in Chambers at Vero Beach, Indian River
N
~ County, Florida this ~~=-~"ay of March, 1979.
.
~ ~
s ~ ~
C~rcuit Ju e
; '
~ Copies furnished to. ~~oi;~E~
,
. . . :1""~. . ~ .
~ Rod Tennyson, Esq. ~ .
~ Scott J. Johnson, Esq. ~~?7~t
Calvin B. Brown, Esq. Q P~~ ~2: 5~
~ Vincent A. Lloyd, Esq. f9 ' I'' .
~ . ~
~ -io- - - ~
~
~
~i
~ - 9~~~~15 ~~~:F 853 -
~
3}.