T. Michael Glenn Trust, Bruce Healy, and Lake Partners, LLC v. Walton County, FL, et al.

Summary

The Florida First District Court of Appeal dismissed consolidated petitions for writ of certiorari concerning a circuit court judgment recognizing recreational customary use on portions of Walton County beachfront properties. The court held that repeal of section 163.035, Florida Statutes, rendered the final judgment a nullity and left no substantial, immediate harm for the court to remedy. The petitioners’ asserted uncertainty, potential nonenforcement of trespass complaints, and title cloud were deemed abstract or hypothetical harms.

Holdings

1. The repeal of section 163.035 rendered the circuit court's final judgment a nullity, leaving no legal effect or harm for the appellate court to remedy.
2. A petition for certiorari must demonstrate substantial and immediate harm flowing from the challenged judgment; abstract or hypothetical harm is insufficient.

Questions Presented

1. Whether the repeal of section 163.035 rendered the circuit court's final judgment a nullity and eliminated any legally cognizable harm for purposes of certiorari review.
2. Whether Petitioners demonstrated the substantial and immediate harm required to invoke the court's extraordinary certiorari jurisdiction.

Disposition

dismissed