HOLMES BEACH – 12th Circuit Court Judge Charles Sniffen has issued his final written order regarding a legal dispute over a long-utilized beach access path in Holmes Beach.
The disputed street-end beach access path is located near the intersection of 51st Street and Fifth Avenue. Filed on Nov. 14, 2023, the civil lawsuit complaint alleged that after more than 30 years of co-existence, the Davises began to obstruct the easement path to prevent residents of the Gutierrez Subdivision from using the easement path that provides them access to the beach and the Gulf.
The lawsuit named Juan Fabrega Sr., Gail Fabrega, Juan Fabrega Jr., Susan Gutierrez and several other Holmes Beach property owners in the Gutierrez Subdivision as plaintiffs. The lawsuit named Larry Davis, Linda Davis, 5102 5th Street LLC, the city of Holmes Beach and several others as the defendants.
On March 20, a jury ruled in favor of the plaintiffs involved in the civil lawsuit pertaining to the decades-long use of a beach access path located on an easement associated with the residential property at 103 51st Street owned by Larry and Linda Davis. Judge Sniffen presided over the jury trial and issued his final written order on June 4.
FINAL ORDER
Sniffen’s final order says, “All parties in this case are homeowners within the area generally referred to during trial as the Gutierrez Subdivision.
“Unless otherwise stated, the court’s findings are made upon the greater weight of the evidence. The plaintiffs’ amended complaint seeks declaratory and injunctive relief. The Davis defendants’ counterclaim, filed March 25, 2024, sought money damages and injunctive relief for abuse of the easement and trespass. The Davis defendants’ amended counterclaim, filed October 31, 2025, sought declaratory relief, together with money damages and injunctive relief for abuse of the easement and trespass,” the final order says.
“As to Count I of the amended complaint, declaratory judgment is hereby entered in favor of the plaintiff, establishing the existence and scope of the easement that is the subject of this action. The court finds that the defendants (the Davises) failed to establish any of their affirmative defenses by the greater weight of the evidence.
“It is hereby declared that an easement exists for the beneficial use and enjoyment of the plaintiffs and property owners within the Gutierrez Subdivision that is defined by a five-foot-wide strip encompassing 2.5 feet on either side of the property line between Lots 3 and 4 that runs from west Fifth Avenue to the east to the mean high water line to the west. The property line shall be defined by the survey completed by MSB Surveying Inc.,” Sniffen’s final order says.
“The plaintiffs’ use of the easement shall be limited to ingress and egress for the purpose of beach access. The plaintiffs are not permitted to linger in the easement for recreational or other purposes. The court finds from the evidence that the entire five-foot width of the easement was intended to be used, and has historically been used, for pedestrian access to the beach. The court finds that the right of ingress and egress is coterminous with the full area of the easement,” Sniffen stated in his final order.
“The plaintiffs are permitted to prepare, improve, maintain or repair the easement to facilitate its use. The easement may be used not only by the plaintiffs themselves, but also by those who lawfully occupy a plaintiff’s property,” Sniffen’s final order says.
As of June 22, it was not known if the Davises intend to appeal the jury’s decision and Sniffen’s final order.
