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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT JANUARY TERM 1980
OUTDOOR RESORTS OF AMERICA, INC.,)
)
Appellant, ) NOT FINAL UNTIL TIME. EXPIRES
TO FILE REHEARING PETITION
v. ~~11 ; AND, IF FILED, DISPOSED OF.
OUTDOOR P~lIS AT NETTLES )
ISLAND, INC., et al., ) CASE NO. 79-866.
Appellee. )
)
Opinion filed February 6, 1980
Appeal from the Circuit Court
for St. Lucie County; Charles _
E. Smith, Judge._
James E. Slater and Scott J.
Johnson of Maguire, Voorhis
& Wells, P.A., Orlando, for
appellant.
Rod Tennyson of Ombres, Powell,
Tennyson & St. John P.A., West
Palm Beach, for appellee.
LETTS, J.
The issue here involves retention by a developer
j of the exclusive right to rent recreational vehicle site lots-for
a fifty percent oarmission,when individual lot owners are not using then. Zhe
trial judge, citing Section 542.12, Florida Statutes (1977), held that
ri hts retained were in restraint of trade because focal real
9
estate brokers in the community were thus precluded from .
plying their trade at the camping resort. We reverse.
This particular recreational vehicle park was de-
veloped to consist of 1585. pads, each 35 feet by 60 feet,
utilizing a condominium concept. Under this -set-up
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8~~~ Pa~1353