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DEVELOPERS MGT. v. EAGLE CREEK HOLDINGS

No. 93-00891.

636 So.2d 91 (1994)

DEVELOPERS MANAGEMENT ASSOCIATES, INC., a Florida corporation, Appellant, v. EAGLE CREEK HOLDINGS, INC., a Delaware corporation, Hanspeter Schwager, Eagle Creek Properties, Inc., a Florida Corporation, Eagle Creek Club, Inc., a Florida corporation, Eagle Creek Commercial Company Inc., a Florida corporation, Eagle Creek Realty Sales, Inc., a Florida corporation, Eagle Creek Management & Maintenance Company, a Florida corporation, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied April 21, 1994.

Attorney(s) appearing for the Case

Peter T. Wlasuk and Timothy R. Parry, Harter, Secrest & Emery, Naples, for appellant.

James A. Bonaquist, Jr. and William D. Keith, Monaco, Cardillo & Keith, P.A., Naples, for appellees.

QUINCE, Judge.

This is an appeal from a final summary judgment holding an option invalid because it was an unreasonable restraint on alienation. Because a material issue of fact exists with respect to the ability of the optionor to control when the option must be exercised, we reverse.

The Eagle Creek Project consists of a golf course, residential real estate, and other real property. Appellant, Developers Management Associates, Inc. (DMCo), is a corporation...

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