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Abbott v. Forward Design Development, Inc.

District Court of Appeal of Florida, Fifth District
Apr 13, 2007
957 So. 2d 23 (Fla. Dist. Ct. App. 2007)

Opinion

No. 5D06-1818.

April 13, 2007.

Appeal from the Circuit Court, Brevard County, T. Mitchell Barlow, J.

Adam K. McGinnis, of Adam K. McGinnis, P.L., Orlando, for Appellant.

Richard E. Stadler, of Stadler Harris, P.A., Titusville, for Appellee.


The test to be utilized with respect to restraints on alienation is the test of reasonableness. Iglehart v. Phillips, 383 So.2d 610, 614 (Fla. 1980). The validity or invalidity of a restraint depends on its long-term effect on the improvement and marketability of the property. Id. Here, the contract was not an unreasonable restraint on the alienation of the property since it did not have a long-term effect on the improvement and marketability of the property.

AFFIRMED.

GRIFFIN, ORFINGER and LAWSON, JJ., concur.


Summaries of

Abbott v. Forward Design Development, Inc.

District Court of Appeal of Florida, Fifth District
Apr 13, 2007
957 So. 2d 23 (Fla. Dist. Ct. App. 2007)
Case details for

Abbott v. Forward Design Development, Inc.

Case Details

Full title:William ABBOTT and Bernice Abbott, Appellant, v. FORWARD DESIGN…

Court:District Court of Appeal of Florida, Fifth District

Date published: Apr 13, 2007

Citations

957 So. 2d 23 (Fla. Dist. Ct. App. 2007)