5D06-1818 Abbott v. Forward Design

State: Florida

Court: Florida Fifth District Court

Docket No: 5D06-1818

Case Date: 04/09/2007

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2007

WILLIAM ABBOTT AND BERNICE ABBOTT, Appellant, v. FORWARD DESIGN & DEVELOPMENT, INC., Appellee. ________________________________/ Opinion filed April 13, 2007 Appeal from the Circuit Court for Brevard County, T. Mitchell Barlow, Judge. Adam K. McGinnis, of Adam K. McGinnis, P.L., Orlando, for Appellant. Richard E. Stadler, of Stadler & Harris, P.A., Titusville, for Appellee. Case No. 5D06-1818

PER CURIAM. 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.

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