489 So. 2d 1151

MONK PROPERTIES, INC., a Florida corporation, and John Ashby, Appellants, v. Kenneth ASHBY, Appellee.

No. 85-350.

District Court of Appeal of Florida, Fourth District.

April 30, 1986.

Rehearings Denied June 17, 1986.

Byron G. Petersen and Lawrence S. Gordon of Greenberg, Traurig, Askew, Hoffman, Lipoff, Rosen & Quentel, P.A., Miami, and Larry A. Klein of Klein & Beranek, P.A., West Palm Beach, for appellants.

Joseph A. Hubert, Pompano Beach, and Harry G. Carratt of Morgan, Carratt and O’Connor, P.A., Fort Lauderdale, for appel-lee.

PER CURIAM.

AFFIRMED.

DELL and WALDEN, JJ., concur.

ANSTEAD, J., dissents with opinion.

ANSTEAD, Judge,

dissenting:

I would reverse the final judgment which voided an option agreement between the parties. The trial court invalidated the agreement for lack of consideration despite finding that the parties to the option never intended that the recited consideration of $1,000.00 be paid by the grandson of modest means to the wealthy grandfather. The trial court also found that the grandfa*1152ther was a strong willed, astute man, who made many gifts, including that of this option, freely and voluntarily to his grandson John.” Having made a completed gift of an option for a fixed term, I think the grandfather should be “stuck” with the deal he proposed, had drawn up in writing by his attorney, executed, and delivered to his grandson.

Monk Properties, Inc. v. Ashby
489 So. 2d 1151

Case Details

Name
Monk Properties, Inc. v. Ashby
Decision Date
Apr 30, 1986
Citations

489 So. 2d 1151

Jurisdiction
Florida

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