“And something else to think about, Judge. The state and Tidal Breeze make much of their allegation that Lovely abandoned the island when she was fifteen years old. But did she? Did she really relinquish control? Most of us educated white men scoff at the notion of a curse hexed upon the island over two hundred years ago by a young African witch doctor, or voodoo priestess. We might snicker and whisper that it’s a fantasy no reasonable person could really believe. We’re much too sophisticated for such silliness. Well, if that’s so, then I challenge any of my colleagues on the other side of the courtroom to take a shot. Go down to the marina, rent a boat, take a ride across the bay, and have a stroll around Dark Isle.”
Evan Killebrew had said little during the trial. He wasn’t expected to, not with such high-powered talent in the room. He stepped to the podium and said, “Well, Your Honor, putting aside the rather colorful history that we have enjoyed so far this week, I urge the Court to turn its attention back to the law, the black-and-white language of the statute that clearly says all deserted and abandoned islands in our waters belong to the state of Florida. Beyond that, what the state does with its property is not relevant in this lawsuit. If the state wants to sell the island to Tidal Breeze, or to anyone else, then that is simply not relevant today.”
Killebrew sat down as Monty stepped to the podium. “I’ll be brief.”
“I know you will.”
“Thank you. For sixty-five years, Ms. Jackson did nothing to enforce her legal rights as the owner of the island.”
Judge Burch startled them with “Excuse me, Mr. Martin, but she tried to pay the property taxes for about fifty years.”
“Yes, but since she didn’t own the property, then no taxes were due, Your Honor. No one owed taxes on the island because there was no owner.”
Judge Burch looked away, unconvinced.
“A year ago, the local paper,
“What are you saying, Mr. Martin?” Judge Burch interrupted again.
“I’m saying it looks suspicious.”
“You’re saying Mr. Mahon tracked down Ms. Jackson, solicited her case, and filed it to stop the development?”
“That’s close enough.”
“Big deal. Half the bar now solicits cases. Haven’t you seen the billboards? Please move along.”
Monty kept smiling and said, “Sure, Judge. I agree with Mr. Killebrew that we need to get back to the law, and it’s very simple. To prevail on the grounds of adverse possession, a person must possess the property openly, actually, notoriously, exclusively, and continually for seven uninterrupted years before filing suit to confirm title. Seven years ago was 2014. There’s not one shred of evidence, not even from Ms. Jackson herself, that she has been to Dark Isle, for any reason, in at least ten years. Maybe twenty. Maybe thirty.
“The island has a fascinating history, Your Honor, but it’s just that — history. With a lot of gaps in it. We urge you to stick to the law and award title to the state of Florida.”
Judge Burch closed his notebook and said, “Anything else, gentlemen?”
Nothing.
“All right. Congratulations on a case well tried. As an old judge who’s refereed many cases, I always appreciate good lawyers. Thank you for your professionalism. I’ll have a decision within thirty days.”
The first bombshell landed the following day when
