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7. The Defendant claimed that paragraph XI of the
Declaration is in violation of public policy because such
provision has a tendency to restrain real estate brokers in
the exercise of their trade therefore stifling competition
in the real estate business and creating a monopoly. "
However, to be a restraint of trade it must be shown that
the restraint is unreasonable, detrimental to the public
welfare and obnoxious to public policy. Such showing has
not been made from the record in this case. Paragraph XI of
the Declaration does not restrain the real estate brokerage
profession from exercising its chosen role in the business
community involved in this case.
For the reasons stated, it is ORDERID AND ADJUDGID.that
Final Judgment is hereby entered in favor of the Plaintiff,
OUTDOOR RESORTS OF AMERICA, INC., and that the Defendant,
OUTDOOR RESORTS AT NETTLES ISLAND, INC., individually and as
representative of all unit owners of condominium unit o~~,
OUTDOOR RESORTS AT NETTLES ISLAND, their agentsp representa-
tives, assigns, servants, employees, and persons working in
concert with them, directly and indirectly, are hereby
permanently enjoined now and in the future from renting any
of their units in violation of paragraph XI of the Declaration
of Condominium, which includes a permanent injunction from
renting condominium units for. their individual account or
the accounts of others, or collecting rental, fees, income
or other consideration of any kind for the rental of condo-
minium lots. It is further ordered and adjudged that paragraph
XI of the Declaration is a valid and enforceable provision,
and that the Plaintiff is the only entity under the Declaration
which is empowered to and can rent condominium lots in the
condominium known as Outdoor Resorts of America at Nettles
Island, The Plaintiff is further awarded costs of this
action and the appeal to the Fourth District Court of Appeal.
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~~~~x327 F~~E~.[l75