SANDER v. BALL, III

No. 5D00-1741.

781 So.2d 527 (2001)

Richard SANDER, Appellant, v. T.B. BALL, III, Appellee.

District Court of Appeal of Florida, Fifth District.

April 6, 2001.


Attorney(s) appearing for the Case

Gary A. Chernay of Law Offices of Gary A. Chernay, Atlanta, Georgia and Thomas V. Infantino of Infantino and Berman, Winter Park, for Appellant.

Clayton D. Simmons of Stenstrom, McIntosh, Colbert, Whigham & Simmons, P.A., Sanford, for Appellee.


COBB, J.

The issue raised by this appeal concerns the validity of an option agreement of unlimited duration, raising questions and arguments pertaining to the rule against perpetuities (in light of the various statutory enactments pertaining to that rule) and the rule against unreasonable restraint on the alienation of property. In September, 1997, Sander entered into an option agreement with Ball prepared by the latter's attorney. Ball paid to Sander a recited consideration...

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