SUN SEEKERS HOMEOWNERS' ASSOCIATION, INC., APPELLANT,
v.
WALTON COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 2006-01-24
No. 1D05-1497
BARFIELD, WOLF, and BROWNING, JJ., concur.
922 So. 2d 1001 Florida District Court of Appeal, First District (2006)


Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant, Sun Seekers Homeowners’ Association, Inc., appeals a final summary judgment in favor of appellee, Walton County, establishing the public’s right to use an easement for beach access. Appellant asserts that the trial court erred in concluding that the easement at issue could be utilized by the general public. Appellee cross-appeals, asserting that the trial court erred in determining that appellant had standing to bring the declaratory judgment action. We agree with the trial court that appellant had standing; however, we reverse the trial court’s determination that appellee had the right to allow the public to use the easement, and we remand with directions to the trial court to enter summary judgment in favor of appellant. See Walters v. McCall, 450 So. 2d 1189 (Fla. 1st DCA 1984).

BARFIELD, WOLF, and BROWNING, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw