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SEA TOWER APART., INC. v. CENTURY NAT. BK.

No. 80-1929.

406 So.2d 69 (1981)

SEA TOWER APARTMENTS, INC., a Florida Corporation; Norman Bradley and Kathryn Fitchett, a Widow, Individually and As Representative of a Class, Appellants/Cross-Appellees, v. CENTURY NATIONAL BANK, Formerly Known As Coral Ridge National Bank, a Banking Corporation, As Trustee for Sea Tower Land Trust; Alma Deering Freedman and Patricia Deering, Appellees/Cross-Appellants.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied December 15, 1981.

Attorney(s) appearing for the Case

Robert J. O'Toole, Fort Lauderdale, for appellants/cross-appellees.

Herbert L. Gildan of Nason, Gildan & Yeager, P.A., West Palm Beach, for appellees/cross-appellants.

PER CURIAM.

At issue is whether the trial court erred in granting a motion for involuntary dismissal against the appellants who sought to invalidate a provision in their lease with appellees which provided that the annual rental was to be adjusted at five year intervals in accordance with any increases in a national index of wholesale prices.

Initially, we agree with appellants that the trial court was obligated to treat the appellees' motion for involuntary...

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