Restraint On Alienation

86 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Woodside Vill. Condo. Ass'n, Inc. v. Adolph S. Jahren and Gary M. McClernan
  754 So. 2d 831· Fla. 2d DCA· 2000-04-05 ·cited 4×
  The court affirmed summary judgment for two condominium unit owners who challenged an amendment to the declaration of condominium that restricted leasing to nine months per twelve-month period, invalidating the amendment as arbitrary and discriminatory as applied to them since th
• Smedley v. City OF Waldron
  739 F.2d 399· 8th Cir.· 1984-07-27 ·cited 4×
  The court held that a restraint on alienation in a deed to a governmental unit for a public purpose is not necessarily impermissible, especially if it aligns with the grantor's intent.
• Childers v. United States
  542 F.2d 1243· 4th Cir.· 1976-10-21 ·cited 4×
  The court held that for purposes of 26 U.S.C. § 1239, a taxpayer's ownership interest in a corporation includes stock owned by his spouse, and the determination of 'more than 80 percent in value' is a factual issue.
• Harris v. Sunset Islands Prop. Owners, Inc.
  116 So. 2d 622· Fla.· 1959-04-08 ·cited 4×
  The Florida Supreme Court reversed a decree enforcing restrictive covenants that, through membership requirements in a property owners' association, effectively excluded Jewish residents from owning property in a subdivision. The court held that judicial enforcement of such race
• Sarah B. Danning in Bankruptcy of the Estate of Kuth Lederer Joslin v. Lederer
  232 F.2d 610· 7th Cir.· 1956-04-11 ·cited 4×
  A trustee in bankruptcy cannot recover a bankrupt's interest in a spendthrift trust if state law prohibits the bankrupt from transferring that interest.
• Miccosukee Tribe OF Indians OF Florida v. Dep't OF Env't Prot.
  78 So. 3d 31· Fla. 2d DCA· 2011-12-30 ·cited 3×
  The Miccosukee Tribe of Indians of Florida sought to quash a trial court order denying summary judgment in an eminent domain proceeding, claiming sovereign immunity and protection under the Federal Nonintercourse Act for three parcels of land purchased on the open market. The app
• Robinson v. Speer
  185 So. 2d 730· Fla. 1st DCA· 1966-04-14 ·cited 3×
  Plaintiffs sought judicial partition of mineral rights held in common with defendants, but the deed containing the mineral reservation included a contractual method for partitioning disputes that the plaintiffs failed to invoke. The court held that absent disagreement, no partiti
• Holsey v. Atl. Nat'l Bank of Jacksonville
  115 Fla. 604· Fla.· 1934-06-25 ·cited 3×
  The Florida Supreme Court upheld a testamentary charitable trust established by George H. Jones's will, which directed a bank trustee to use trust income for thirty years to provide scholarships to worthy young Black men in Jacksonville, after which the estate would be distribute
• The Tropicana Condo. Ass'n, Inc. v. Tropical Condo., LLC
  208 So. 3d 755· Fla. 3d DCA· 2016-11-16 ·cited 2×
  The Tropicana Condominium Association sought to terminate the condominium's status by amending its declaration to adopt provisions of Florida's 2007 amendments to section 718.117, but lacked required unanimous approval. The court affirmed that retroactive application of the statu
• OLD Port Cove Condo. Ass'n ONE, Inc. v. OLD Port Cove Holdings, Inc.
  954 So. 2d 742· Fla. 4th DCA· 2007-05-02 ·cited 2×
  The court held that a 1977 right of first refusal granted to a condominium association is valid and enforceable, rejecting the owner's argument that it violates the common law rule against perpetuities. The court clarified that Florida's statutory repeal of the perpetuities rule
• Parker Plaza W. P'rs v. UNUM Pension & Ins. Co.
  941 F.2d 349· 5th Cir.· 1991-09-12 ·cited 2×
  The court held that a prepayment premium is not rendered unenforceable as a matter of Texas law solely because it is triggered by the lender's acceleration of the loan due to borrower default, rather than by the borrower's voluntary prepayment.
• Lakeside Manor Condo. Ass'n, Inc. v. Peggy-Gail Forehand
  513 So. 2d 1104· Fla. 5th DCA· 1987-10-15 ·cited 2×
  The court held that a condominium association's right of first refusal on unit leases is a restraint on alienation, not a restrictive covenant, and thus cannot be enforced by injunction without a showing of irreparable injury.
• Camerlo v. Howard Johnson Co.
  710 F.2d 987· 3d Cir.· 1983-06-23 ·cited 2×
  A perpetually renewable lease and an option to purchase within a lease do not violate the rule against perpetuities under Pennsylvania law. However, a claim challenging restrictive covenants on property was dismissed for lack of ripeness.
• Casey v. Bus. Men's Assurance Co. OF Am.
  706 F.2d 559· 5th Cir.· 1983-06-06 ·cited 2×
  The court held that a due-on-sale clause, even without explicitly mentioning interest rate increases, is not an unreasonable restraint on alienation when enforced reasonably, and that the lender's actions were authorized by the contract.
• Courtenay P. O'Connell and Joan H. O'Connell v. Dockendorff
  415 So. 2d 35· Fla. 2d DCA· 1982-04-23 ·cited 2×
  The court held that a mortgage clause allowing an interest rate increase upon assignment, which was bargained for and unambiguous, is enforceable and not an invalid restraint on alienation.
• Kleinheider v. Phillips Pipe Line Co.
  528 F.2d 837· 8th Cir.· 1975-12-22 ·cited 2×
  The court held that the easement contracts were sufficiently definite and enforceable, allowing the pipeline company to install a third pipeline, and that the statute of limitations for a declaratory judgment begins when an actual controversy arises.
• Philp v. Trainor
  100 So. 2d 181· Fla. 2d DCA· 1958-02-07 ·cited 2×
  Mary Beeman Philp appealed a lower court decree upholding her assignment of trust income to Mary Elgin Trainor. The court affirmed, holding that the Harry L. Beeman trust instrument did not create a spendthrift, support, or discretionary trust, and therefore the beneficiary had t
• Mondell v. Thom
  143 F.2d 157· D.C. Cir.· 1944-06-26 ·cited 2×
  The court held that the attempted exercise of the power of appointment was void because it violated the rule against perpetuities and restraints on alienation.
• Smurfit-Stone Container Enters., Inc. v. Zion Jacksonville Ltd. P'ship
  52 So. 3d 55· Fla. 1st DCA· 2010-12-21 ·cited 1×
  Smurfit-Stone sought declaratory and injunctive relief to enforce a right of first offer (ROFO) on an adjoining parcel that Zion sold to Jacksonville without notice. The court reversed the trial court's summary judgment dismissing the declaratory relief claim, holding that the un
• In re Bradstreet's Will
  5 Fla. Supp. 70· Palm Beach Cty. J. Ct.· 1954-02-06 ·cited 1×
  A Florida probate court construed the will of Lillian A. Bradstreet to resolve ambiguities regarding property descriptions, trust creation, beneficiary identification, and the validity of documents found in the decedent's safe deposit box. The court determined that a valid residu
• Dallas Nat. Bank v. United States
  167 F.2d 468· 5th Cir.· 1948-04-16 ·cited 1×
• Isaacs v. Fed. Nat'l Mortg. Ass'n
  Fla. 3d DCA· 2022-12-14
  A married homestead owner's spouse must join in a mortgage on homestead property even if the spouse abandoned the homestead prior to the mortgage execution, because the 1985 constitutional amendment eliminated the "head of family" requirement and made spousal joinder protection a
• Isaacs v. Fed. Nat'l Mortg. Ass'n
  Fla. 3d DCA· 2022-12-14
  The appellate court considered whether a spouse's abandonment of a homestead property waived the requirement for their joinder in a mortgage. The court held that under current Florida law, abandonment does not waive the spousal joinder requirement for mortgages on homestead prope
• 1000 Brickell, Ltd. v. City of Miami
  Fla. 3d DCA· 2022-04-13
  A deed conveying fee simple title with an automatic reverter clause for breach of a public park use restriction is not subject to section 95.36(1)'s thirty-year bar on challenging ancient dedications, but rather is governed by section 689.18, which exempts governmental conveyance
• In & for New Castle Cnty. Imo Indus. Inc.
  Del. Ch.· 2005-05-04
  The court granted summary judgment in part, holding that while the transfer of assets from DDTC to Wesgen (now SDDTI) without Imo's consent constituted a breach of the Asset Purchase Agreement and the Access and Support Agreement, this breach was not material. Consequently, Imo r
• Est. OF Nadya G. Cadden v. Gerhard H. Schickedanz
  855 So. 2d 651· Fla. 4th DCA· 2003-08-27
  The estate of Nadya Cadden appeals an award of attorney's fees and costs to the prevailing parties (Schickedanz) in a specific performance action involving a right of first refusal on real property. The court reversed the fee award, holding that the claimants filed suit premature
• In re Brown v. Brown
  303 F.3d 1261· 11th Cir.· 2002-08-28
  A Chapter 7 debtor created an irrevocable charitable remainder unitrust for her own benefit, retaining a right to receive 7% annual income for life while the corpus passed to charities upon her death. The debtor claimed her income interest was exempt from her bankruptcy estate ba
• Sailfish Point, Inc. v. Sailfish Point Owners Representatives by Jeff Jaffe
  679 So. 2d 1283· Fla. 4th DCA· 1996-09-25
  A recorded declaration restricting alienation of property can support a lis pendens, but the lis pendens must comply with statutory notice requirements and cannot extend to claims unrelated to the property or personal property not sufficiently linked to the lawsuit.
• Harbour Watch Homeowners Ass'n, Inc. v. Derderian
  618 So. 2d 315· Fla. 2d DCA· 1993-05-05
  A homeowners association appealed the denial of a mandatory injunction to enforce a deed restriction prohibiting "for sale" signs against homeowners who displayed a small sign in their window. The court affirmed, holding that while the restriction itself is not facially invalid,
• Crawley v. United States
  977 F.2d 1409· 10th Cir.· 1992-10-21
  The Osage Indian Statutes grant the Secretary of the Interior authority to modify a will to limit a non-Osage devisee to a life estate in an Osage headright, even if the testator intended to devise more.
• United States v. 726.23 Acres OF Land
  746 F.2d 1363· 8th Cir.· 1984-10-26
  The court held that the holder of a possibility of reverter is not entitled to compensation for condemnation proceeds unless the terminating event is imminent at the time of taking.
• Fredericks v. Mandel
  650 F.2d 144· 8th Cir.· 1981-06-03
  A tribal court lacks jurisdiction to condemn or grant a right-of-way over Indian trust lands because the United States is an indispensable party and the Secretary of the Interior's approval is required.
• United States v. City OF McALESTER
  604 F.2d 42· 10th Cir.· 1979-08-14
  The court held that the United States was not an indispensable party to the 1903 condemnation suit because the Curtis Act authorized the condemnation of unallotted tribal lands for public improvements, and the City's uses of the easement were consistent with its purpose.
• Falls City v. Mo. Pac. R.R. Co.
  453 F.2d 771· 8th Cir.· 1971-12-20
  A reverter clause in a deed, even if couched as a use restriction, is void and unenforceable as an indirect restraint on alienation if it adversely affects marketability by practically restricting alienation.
• Mowatt v. 1540 Lake Shore Drive Corp.
  385 F.2d 135· 7th Cir.· 1967-09-28
  The court held that a cooperative apartment lease provision requiring board consent for subletting or assignment is valid if the power to withhold consent is reasonably exercised in light of the cooperative's purposes.
• MacFadden-Deauville Hotel, Inc. v. Murrell
  182 F.2d 537· 5th Cir.· 1950-05-26
  The court held that a lease, even with percentage rent and a hotel subject matter, is assignable unless expressly restrained, and the receivers' contention of a right to disapprove assignment was unfounded.