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541 So. 2d 112

Docket No. 72563.

Jones v. Thomas

Rebert JONES, et al., Petitioners, v. Arthur E. THOMAS, et al., Respondents.

Supreme Court of Florida

Decided April 6, 1989.

Supreme Court of Florida · decided 1989-04-06

Cited by 2 later decisions — most recently December 2004

2 state decisions

Key passage — most relied on by later courts

“In Lanca Homeowners, we ruled that a claim of unconscionable rental increase in a mobile home park setting is suitable for resolution in a class action.”

quoted by 1 later decision, including 891 So. 2d 1109 - Freedom Life Ins. Co. of America v. Wallant

Relies on 541 So. 2d 1121 - Lanca Homeowners, Inc. v. Lantana Cascade of Palm Beach, Ltd. · 524 So. 2d 693 - Thomas v. Jones

Good law ✅— No negative treatment on recordhow we know

Decided 1989-04-06

View the full empirical analysis of this case →

¶1Lee Jay Colling and Douglas B. Beattie of Colling & Beattie, P.A., Orlando, for petitioners.

¶2Johnie A. McLeod of McLeod, McLeod & McLeod, P.A., Apopka, for respondents.

¶3John T. Allen, Jr. and Christopher P. Jayson of John T. Allen, Jr., P.A., St. Petersburg, amicus curiae for Federation of Mobile Home Owners of Florida, Inc.

¶4Alan C. Sundberg, Sylvia H. Walbolt and Lacy R. Harwell, Jr. of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., Tallahassee, amicus curiae for Club Wildwood Mobile Home Village.

¶5*113 Jack M. Skelding, Jr. and David D. Eastman of Parker, Skelding, McVoy & Labasky, Tallahassee, amicus curiae for Florida Manufactured Housing Ass'n, Inc.

¶6SHAW, Justice.

¶7We have for review Thomas v. Jones,524 So.2d 693 (Fla. 5th DCA 1988), based upon conflict with Lanca Homeowners, Inc. v. Lantana Cascade,541 So.2d 1121 (Fla. 1988). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We quash the opinion of the district court.

¶8Petitioners, mobile home owners (residents), filed a class action against respondents, mobile home park owners, alleging unconscionable lot rental increases. The trial court determined that the claim was maintainable as a class action and ruled in favor of the residents. The district court, on rehearing en banc, reversed, concluding that unconscionability claims are too individualized for treatment in the class action format. We disagree. In Lanca Homeowners, we ruled that a claim of unconscionable rental increase in a mobile home park setting is suitable for resolution in a class action. Accordingly, we quash the opinion of the district court.

¶9It is so ordered.

¶10EHRLICH, C.J., and OVERTON, McDONALD, BARKETT, GRIMES and KOGAN, JJ., concur.

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