First District Court of Appeal
The court held that the February 2024 judgment has no more legal effect. It did not declare the beaches private, and it did not decide the 2023 settlement.
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First District Court of Appeal
February 18, 2026
T. Michael Glenn Trust, Bruce Healy, and Lake Partners, LLC v. Walton County. Case numbers 1D2024-0682, 1D2024-0720, and 1D2024-0748. Judges Roberts, Ray, and Kelsey. Per curiam.
The case was filed as a direct appeal and was treated as certiorari. The parties conceded, and the court agreed, that the final judgment is a nullity and has no more legal effect. The court cited State ex rel. Arnold v. Revels, 109 So. 2d 1 (Fla. 1959): jurisdiction that depends on a repealed statute falls even in pending cases when there is no savings clause. The petitioners' worries (that the sheriff might not enforce trespass, and that the recorded judgment clouds title) were called abstract and hypothetical. They did not show the substantial and immediate harm certiorari requires. The petition was dismissed. The court did not quash the judgment on the merits.
Held
Because section 163.035 was repealed, the February 2024 judgment has no more legal effect. The court treated the 2024 judgment as without legal effect. The petition was dismissed.
Did not hold
Whether customary use was proved, whether the public may use any dry sand, whether the 2017 ordinance is void or revived, whether the sheriff must enforce trespass, or anything about the 2023 settlement. The court did not declare the beaches private.
The county said at oral argument that its posture was "square one," and that it could not say whether the 2017 ordinance was revived. That comment is the county's comment. It is not the holding.
The opinion says it is not final until any timely motion under the appellate rules. This record has not checked the docket for a rehearing or for further review.
Opinion, February 18, 2026