VINSON v. JOHNSON

No. 1D04-2163.

931 So.2d 245 (2006)

Janice VINSON, Bobby Vinson, Ellexzena Wilder and Beverly Vinson, Appellants, v. Martha JOHNSON, Jacqueline Davis, Yvonne Hughes, Maggie Vinson and Martin C. Vinson, Appellees.

District Court of Appeal of Florida, First District.

June 16, 2006.


Attorney(s) appearing for the Case

David Jon Russ, Gainesville, for Appellants.

Ronald D. Surrency, Gainesville, for Appellees.


PADOVANO, J.

This is an appeal from a final judgment for the plaintiffs on a complaint to partition or force the sale of real property. The defendants contend that the judgment must be reversed, because ownership of the property was transferred by a will containing a clause that prohibits partition or sale except by the consent of all of the owners. We conclude that this clause is invalid as an unlawful restraint on the alienation of real property. Because the restrictive...

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