April 10, 2008
Old Port Cove Holdings v. Old Port Condominium Association
Case Number(s):
SC07-1032

Transcript:

Summary:

Old Port Cove Holdings, Inc., owner of property used as a marina parking lot, sought a declaratory judgment and to quiet title arguing that a right of first refusal granted to Old Port Cove Condominium Association One, Inc. in 1977 violates the common law rule against perpetuities. The trial court agreed. The condominium association appealed to the Fourth District Court of Appeal which reversed and certified conflict with a decision of the First District Court of Appeal.