HEZEKIAH MACK, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• MR. Sign Sign Studios, Inc. v. Miguel, 877 So. 2d 47 (Fla. 4th DCA 2004)
  …e option is otherwise prescribed.’ ” (quoting 35 Corpus Juris 1043, section 188)). As the option provision terminated with the lease, it was not for an unlimited duration and was not an unreasonable restraint on alienation. See Vandervalk v. Brewer, 436 So. 2d 1083, 1084 (Fla. 3d DCA 1983) (“From our reading of the lease in its entirety, we hold, as [a] matter of law, that the option agreement was a dependent covenant that expired with the lease.”). Thus, the trial court erred in granting summary judgment. Ac…
• Arquette Dev. Corp. v. Hodges, 934 So. 2d 556 (Fla. 1st DCA 2006)
  …an option to purchase is dependent upon the terms of a lease, all rights to exercise the option to purchase expire when the lease terminates. Mr. Sign Sign Studios, Inc. v. Miguel, 877 So. 2d 47, 50 (Fla. 4th DCA 2004) (citing Vandervalk v. Brewer, 436 So. 2d 1083 (Fla. 3d DCA 1983)). The trial court found Hodges’ failure to pay taxes breached the agreement. The [*559] parties had only one agreement. Under the agreement, Arquette, as the non-breaching party, exercised its right to terminate the agreement. Co…
• Chrysler Realty Corp. v. Davis, 877 So. 2d 903 (Fla. 4th DCA 2004)
  …terminated, Frontier’s option to purchase the property ended before it matured as did Chrysler’s. Because Frontier never actually owned the property, Chrysler was never in a position to exercise its right of first refusal. See Vandervalk v. Brewer, 436 So. 2d 1083 (Fla. 3d DCA 1983). While Davis replaced Frontier as landlord, he did not breathe new life into expired rights. Had Davis intended to provide Chrysler with a new option to purchase and right of first refusal, he could have included such rights withi…

Authorities Cited

• State v. FOX, 404 So. 2d 799 (Fla. 3d DCA 1981)
• Hudson v. State, 395 So. 2d 228 (Fla. 3d DCA 1981)
• Wilson v. State, 367 So. 2d 718 (Fla. 3d DCA 1979)
• Cioeta v. State, 367 So. 2d 718 (Fla. 3d DCA 1979)