HomeMy WebLinkAbout0978 IN THE CIRC' T COURT OF THE
NINETEENTH ~JDICIAL CIRCUIT v~
IN AND FOR ST. LUCIE COUNTY, '
STATE OF FLORIDA.
. CASE NO. 74-660
ROYAL ESTATES, INC., a )
Florida corporation, ~ )
)
Plaintiff, )
)
vs. ~ •
. ~
JOHN L. LESTER and RUTH W. )
LESTER, his wife; ROBERT R, )
i
COQC and JOAN P. COX, his wife; )
and GEORGE COPPOLA; PHILIP )
ARCADI PANE; FRED BILOWIT; d/b/a)
THE COPPOLA COMPANY, a partner-)
ship, ~
)
Defendants. )
)
O R D E R
THIS CAUSE was previously considered by the Court
on Defendants' Motions for Summary Juc3gnient. TY~.e C~w~ -
its order dated December ~0, 1974, reserved ruling upon the
Motion by the Defendants, GEORGE COPPOLA, et als., d/b/a THE
COPPOLA COMPANY, a partnership, as to Count II, of the Amended
Complaint, and also reserved ruling on the Motion of the
i
; Defendants, LESTER and COX, as to Counts I and II, of the
~
~
~ Amended Complaint. The Court subsequently received written
~
~ memorandums and has further considered the arguments of
counse 1.
The Defendants contend that the agreement, copy of
~ which is attached to Plaintiff's Amended Complaint as Exhibit C,
on its face, as a matter of law, is either a violation of the
rule against perpetuities or a restraint against alienation,
~ or both.
The rule against perpetuities simply stated is as
~
~
~ follows:
~ ~ ~
!
'No interest is good unless it must vest, ~
~ if at all, not later than twenty-one years
after some life in being at the creation of
~ the interest."
~ '
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~a ~
~~'CK~~ FA[.t ~i~