Opinion
No. 72563.
April 6, 1989.
Application for Review of the Decision of the District Court of Appeal — Direct Conflict of Decisions, Fifth District — Case No. 86-1131 (Osceola County).
Lee Jay Colling and Douglas B. Beattie of Colling Beattie, P.A., Orlando, for petitioners.
Johnie A. McLeod of McLeod, McLeod McLeod, P.A., Apopka, for respondents.
John 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.
Alan 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.
Jack M. Skelding, Jr. and David D. Eastman of Parker, Skelding, McVoy Labasky, Tallahassee, amicus curiae for Florida Manufactured Housing Ass'n, Inc.
We 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.
Petitioners, 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.
It is so ordered.
EHRLICH, C.J., and OVERTON, McDONALD, BARKETT, GRIMES and KOGAN, JJ., concur.