ABBOTT v. FORWARD DESIGN DEVELOPMENT INC (2007)

District Court of Appeal of Florida,Fifth District.

William ABBOTT and Bernice Abbott, Appellant, v. FORWARD DESIGN DEVELOPMENT, INC., Appellee.

No. 5D06-1818.

Decided: April 13, 2007

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.

PER CURIAM.

GRIFFIN, ORFINGER and LAWSON, JJ., concur.

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