CopyCited 84 times | Published | Supreme Court of Florida | 1991 WL 94287
...Thus, although a court may entertain a declaratory action regarding a statute's validity, there must be a bona fide need for such a declaration based on present, ascertainable facts or the court lacks jurisdiction to render declaratory relief. Ervin v. Taylor,
66 So.2d 816 (Fla. 1953); see §
86.011, Fla....
CopyCited 66 times | Published | Supreme Court of Florida
...paign treasurer and campaign fund and depository collection, deposit and disbursement of campaign funds. These circumstances call into play the principle announced in James v. Golson,
92 So.2d 180 (Fla. 1957), which held that under the provisions of §
86.011(2) (formerly § 87.01(2), Fla....
CopyCited 63 times | Published | Supreme Court of Florida | 1978 Fla. LEXIS 4835
...pter 120. Gulf Pines further suggests that, as a matter of policy, a simple allegation of unconstitutionality should not enable a party adversely affected by agency action to circumvent the administrative process. This contention is easily resolved. Section 86.011(2), Florida Statutes (1975), provides in part that "Any person seeking a declaratory judgment may also demand ......
CopyCited 48 times | Published | Supreme Court of Florida | 2004 WL 2201474
...to the benefit of insurers, insureds, and claimants. The sections of Florida's declaratory judgments statutes, chapter 86, Florida Statutes (2003), that we conclude are applicable to declaratory judgment actions regarding insurance coverage provide: 86.011 Jurisdiction of trial court....
...or any part thereof, and obtain a declaration of rights, status, or other equitable or legal relations thereunder. ....
86.051 Enumeration not exclusive. The enumeration in ss.
86.021,
86.031 and
86.041 does not limit or restrict the exercise of the general powers *11 conferred in s.
86.011 in any action where declaratory relief is sought.......
...As the Fourth District noted in the decision below, the Columbia Casualty Court did not refer to other portions of the Act that supported a broader interpretation of its scope. Specifically, the Court did not refer to: (1) the part of the Act, now found in section 86.011(2), Florida Statutes, which provides that the court may render *12 declaratory judgments on the existence or nonexistence of any immunity, power, privilege, or right, or of " any fact upon which the existence or nonexistence of such im...
...mphasis added); (2) the part of the Act, now found in section
86.051, which provides that the enumeration in section
86.021, upon which the Court relied in Columbia Casualty, does not limit or restrict the exercise of the general powers conferred in section
86.011; (3) the part of the Act, now found in section
86.071, which provides for jury trials when an action under the Act concerns the determination of an issue of fact; or (4) the part of the Act, now found in section
86.101, which provides that the Act is to be liberally administered and construed. We agree with the Fourth District that sections
86.011(2),
86.051,
86.071, and
86.101 support the conclusion that an insurer may pursue a declaratory action which requires a determination of the existence or nonexistence of a fact upon which the insurer's obligations under an insurance policy depend. First, the use of the word "or" between subsections
86.011(1) and (2) clearly indicates that the courts have the general power to issue declaratory judgments not only in suits seeking a determination of the existence or nonexistence of any "immunity, power, privilege, or right" but also in suits solel...
...rmination of any fact affecting the applicability of an "immunity, power, privilege, or right." As the Fifth District correctly concluded in Conde, in suits for declaration as to insurance coverage, the insurer "is asking that the court, pursuant to section 86.011, determine `the existence or nonexistence' of a `fact [to wit: whether the shooting was intentional] upon which the existence or nonexistence of ......
...the courts the power to determine any question of "construction or validity" arising under a contract, section
86.051 states that the enumeration of powers in section
86.021 "does not limit or restrict the exercise of the general powers conferred in section
86.011." Therefore, we now conclude that the Columbia Casualty decision was too limiting of the scope of section
86.021 when read with this other section of the statutes....
...nder contract determined is to avoid protracted and unnecessary litigation.... Allstate asks in its complaint that the court determine that no coverage existed because the shooting was intentional. This clearly invokes the court's jurisdiction under section
86.011(2) and not section
86.021. In effect Allstate is asking that the court, pursuant to section
86.011 determine "the existence or nonexistence" of a "fact [to wit: whether the shooting was intentional] upon which the existence or nonexistence of ......
...r to construe deeds, wills, contracts) denied the use of a declaration action to determine purely factual matters. The majority in [ Columbia Casualty ], perhaps because of the pleadings, did not consider the more expansive provisions of what is now section 86.011 which specifically authorizes the court to determine if a fact exists (intentional shooting) which would establish the existence of an "immunity, power, privilege or right" (lack of coverage)....
...urer to provide liability coverage for its insured in an underlying action, the insurer may seek immediate review of the order prior to final resolution of the underlying liability action. We answered that question in the affirmative on the basis of section 86.011, which states that a declaratory judgment "has the force and effect of a final judgment." We concluded that a declaratory judgment is appealable as a final order and specified that this was true "regardless of whether the judgment is r...
...the particular case. In the present case, we approve the decision of the district court affirming the trial court's decision to have the indemnity *18 coverage issue tried prior to the underlying tort action. III. CONCLUSION On the basis of sections
86.011(2),
86.051,
86.071, and
86.101, as well as with an understanding of the evolution of the declaratory action in Florida's jurisprudence, we answer the certified question in the affirmative and recede from Columbia Casualty and its progeny....
CopyCited 39 times | Published | Florida 1st District Court of Appeal | 1977 Fla. App. LEXIS 16041
...By statute, the Circuit Court is empowered to render declaratory judgments on the existence or non-existence of any immunity, power, privilege, or right, or of any fact concerning said existence or non-existence. In a declaratory *564 judgment action other forms of relief may be requested and, if appropriate, granted. Section 86.011, Florida Statutes (1975)....
CopyCited 34 times | Published | Supreme Court of Florida | 1995 WL 601375
...Statutes, and may request that the matter be consolidated with the pending proceeding for a single, final hearing. The parties hereby stipulate to that consolidation and to the setting of a single final hearing if the Department so requests. [2] See § 86.011, Fla....
CopyCited 26 times | Published | Florida 4th District Court of Appeal | 2001 WL 6187
...ch the existence or nonexistence of such immunity, power, privilege or right does or may depend, whether such immunity, power, privilege or right now exists or will arise in the future. § 87.01, Fla.Stat. (1951). This language is similar to that in section 86.011, Florida Statutes (2000)....
...There are numerous cases on both sides of the controversy. We would hope that the supreme court, given the appropriate opportunity to do so, will revisit its position on this issue laid down in Columbia Casualty Co. v. Zimmerman,
62 So.2d 338 (Fla.1952), in view of the present wording of paragraph (2) of section
86.011, Florida Statutes (1989), which commences: "Of any fact...." Id....
CopyCited 24 times | Published | Supreme Court of Florida | 21 Fla. L. Weekly Supp. 22, 1996 Fla. LEXIS 16, 1996 WL 15517
...Bruns,
443 So.2d at 961-62 (Shaw, J., specially concurring). We are now called to answer this question and find that our decision in Bruns is not controlling. We reach this conclusion in part because of the existence of section
627.4136, and in part because of section
86.011, Florida Statutes (1993), the statute governing declaratory judgment actions....
...y severing the third-party dispute over insurance coverage from the underlying claim. The trial court then separately tried the coverage issue in the declaratory judgment action filed as a counterclaim in response to the third-party complaint. Under section 86.011, a declaratory judgment "has the force and effect of a final judgment." As such, a declaratory judgment is res judicata of all matters at issue between the parties and their privies....
...See, e.g., Garden Suburbs Golf & Country Club, Inc. v. Murrell,
180 F.2d 435, 436 (5th Cir.) (holding that a state declaratory judgment was res judicata in a subsequent federal court action), cert. denied,
340 U.S. 822,
71 S.Ct. 54,
95 L.Ed. 603 (1950). Through section
86.011, the legislature has clearly stated that declaratory judgments are final judgments....
CopyCited 22 times | Published | Court of Appeals for the Eleventh Circuit
...of the bill
violated the Florida Deceptive and Unfair Trade Practices Act (“FDUTPA”),
Florida Statutes §
501.204.7 Count IV alleges that AMC violated the Florida
6
Count I seeks a declaratory judgment under Florida Statutes §
86.011, which authorizes
Florida courts to “to declare rights, status, and other equitable or legal relations,” alleging that
AMC ran afoul of the balance billing provision by charging Bailey in excess of the fee schedule.
Section
86.011 provides a remedy, not a cause of action....
CopyCited 22 times | Published | Court of Appeals for the Eleventh Circuit | 1990 U.S. App. LEXIS 1400, 1990 WL 3343
...tate’s circuit courts jurisdiction to hear challenges to any state tax. Fla. Const, art. V, § 20(c)(3). Florida courts are also given power to issue declaratory and injunctive relief in tax cases. See Fla.Stat.Ann. §
72.011 (West Supp. 1988) and §
86.011 (West 1987)....
CopyCited 20 times | Published | Florida 5th District Court of Appeal | 1992 WL 41470
...quitable or legal relations and is to be liberally administered and construed. Allstate asks in its complaint that the court determine that no coverage existed because the shooting was intentional. This clearly invokes the court's jurisdiction under section
86.011(2) and not section
86.021. [4] In effect Allstate is asking that the court, pursuant to section
86.011 determine "the existence or nonexistence" of a "fact [to wit: whether the shooting was intentional] upon which the existence or nonexistence of ......
...uted factual issues are involved. See, e.g., Prudential Property & Casualty Ins. Co. v. Castellano,
571 So.2d 598 (Fla. 2d DCA 1990). The view allowing a declaratory action in this situation does so because of the present wording of paragraph (2) of section
86.011, Florida Statutes (1989), which commences: "Of any fact ..." [1] Because of the language of section
86.011, I agree that declaratory relief should be available regardless of whether the policy provision is ambiguous or unambiguous....
...1952), the court, limiting its consideration to what is now section
86.021 (the power to construe deeds, wills, contracts) denied the use of a declaration action to determine purely factual matters. The majority in Zimmerman, perhaps because of the pleadings, did not consider the more expansive provisions of what is now section
86.011 which specifically authorizes the court to determine if a fact exists (intentional shooting) which would establish the existence of an "immunity, power, privilege or right" (lack of coverage)....
...liability was determined. [6] The plaintiffs are, of course, essential parties if they are to be bound by the coverage decision. [1] Vanguard Insurance Company v. Townsend,
544 So.2d 1153 (Fla. 5th DCA 1989). [2] § 627.7262, Fla. Stat. (1989). [1] Section
86.011 provides in pertinent part: "The court may render declaratory judgments on the existence, or nonexistence: (1) Of any immunity, power, privilege, or right; or (2) Of any fact upon which the existence or nonexistence of such immunity, p...
CopyCited 20 times | Published | United States Bankruptcy Court, M.D. Florida | 1982 Bankr. LEXIS 3803
...Plaintiff subsequently filed a Voluntary Petition under Chapter 7 of the Bankruptcy Code on July 31, 1981. She then filed this adversarial complaint in the bankruptcy proceeding against AMERICAN CONSUMER, JOAN THOMPSON and JAX-AM, INC., pursuant to § 522(h) of the Bankruptcy Code, 11 U.S.C. § 522(h) [1] and §§
222.08 and
86.011, Fla.Stat....
...f the debtor, wherever located. 28 U.S.C. § 1471(e). This provision empowers the Bankruptcy Court to determine the pendant state claim asserted by plaintiff that the Sheriff's Sale of her property should be declared void pursuant to §§
222.08 and
86.011, Fla.Stat. Section
222.08, Fla.Stat., gives the Florida circuit courts equity jurisdiction to order and decree the setting apart of homesteads. Florida circuit courts are also given the power to issue declaratory judgments in §
86.011, Fla.Stat....
...This Court therefore voids the levy and sale of plaintiff's exempt homestead property. [7] CONCLUSION Based on the foregoing, the Court finds that plaintiff is entitled to avoid the transfer of her exempt homestead property pursuant to § 522(h) and to set aside the levy and sale pursuant to §§
222.08 and
86.011, Fla.Stat....
CopyCited 19 times | Published | Florida 1st District Court of Appeal | 1991 WL 75618
...mmunity, power, privilege, or right; or (2) Of any fact upon which the existence or nonexistence of such immunity, power, privilege, or right does or may depend, whether such immunity, power, privilege or right now exists or will arise in the future § 86.011, Fla....
CopyCited 18 times | Published | Supreme Court of Florida
...Consequently, the circuit court lacked jurisdiction to hear the case because the appellees had not complied with the provisions of the Administrative Procedure Act, Chapter 120, Florida Statutes (1975). Subsequently, Amrep filed an "Amendment to Complaint" asserting alternatively that the circuit court has jurisdiction under Section 86.011, Florida Statutes (1975), [3] in addition to Section 199.242(1), Florida Statutes (1975)....
...trative determinations by an agency of a party's rights or judicial review of such determinations, after the effective date of the Administrative Procedure Act. Appellant maintains that appellees should find no greater solace under the provisions of Section 86.011, Florida Statutes (1975)....
...t least 80 percent of each class of the nonvoting stock of at least one of the other includable corporations. As used in this subsection the term `nonvoting stock' does not include nonvoting stock which is limited and preferred as to dividends." [3] § 86.011, Fla....
CopyCited 18 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 1002
...First, we conclude that the declaratory judgment count states a good cause of action. The declaratory judgment act should be liberally construed in order to settle uncertainties with respect to rights, status, or other equitable and legal relationships. Section 86.011, Florida Statutes (1985)....
CopyCited 17 times | Published | District Court, M.D. Florida | 2009 U.S. Dist. LEXIS 71308
...There are no allegations in the Complaint that Reiter and Pinto have an interest separate and distinct from their corporate interests as employees of FMTRC. Accordingly, the Court finds that the civil conspiracy claim should be dismissed as to all defendants. H. Declaratory ReliefCount VI Defendants argues that FLA. STAT. § 86.011 does not provide a substantive right and therefore the Court must determine whether it has jurisdiction under 28 U.S.C....
...Comcast *1292 Cablevision of the South, Inc.,
509 F.Supp.2d 1158, 1160 (M.D.Fla.2007), vacated in part on other grounds, 2:04-cv-26-FTM-29DNF,
2007 WL 1455937,
2007 U.S. Dist. LEXIS 35730 (M.D.Fla. May 16, 2007), aff'd, 312 Fed.Appx. 211 (11th Cir. 2009). The Complaint seeks declaratory relief pursuant to FLA. STAT. §
86.011, which requires: a bona fide, actual, present practical need for the declaration; that the declaration should deal with a present, ascertained or ascertainable state of facts or present controversy as to a state of facts; that some immunity...
CopyCited 16 times | Published | Supreme Court of Florida | 2008 WL 5642083
...See supra note 13. [15] Moreover, this Court generally lacks original jurisdiction to consider declaratory-judgment actions. The circuit and county courts are usually the proper forums in which to seek declaratory relief. Compare art. V, § 3, Fla. Const., with § 86.011, Fla....
CopyCited 14 times | Published | Florida 5th District Court of Appeal
...on and injunction of violations of Part III of Chapter 83, the authority for Count III was alleged to be Chapter 86, which allows one to obtain judicial declaration of a fact upon which the existence of an immunity, power, privilege or right exists. § 86.011, *1176 Fla....
CopyCited 13 times | Published | Florida 2nd District Court of Appeal | 1998 WL 279232
...s of his prior convictions. While Florida Rules of Criminal Procedure 3.800 and 3.850 are unavailable to Angell to attempt to rectify this error, this affirmance is entered without prejudice for him to pursue any available civil remedies. See, e.g., § 86.011, Fla....
CopyCited 13 times | Published | Florida 2nd District Court of Appeal | 2 Am. Disabilities Cas. (BNA) 1201, 1993 Fla. App. LEXIS 8191, 63 Empl. Prac. Dec. (CCH) 42, 697, 1993 WL 292069
...Prudential Property & Casualty Ins. Co.,
599 So.2d 1314 (Fla. 2d DCA 1992), approved by,
622 So.2d 467 (Fla. 1993). See Allstate Ins. Co. v. Conde,
595 So.2d 1005 (Fla. 5th DCA 1992); Travelers Ins. Co. v. Emery,
579 So.2d 798 (Fla. 1st DCA 1991). Accordingly, section
86.011(2), Florida Statutes (1991), specifically provides for declaratory judgments on the existence or nonexistence "of any fact" upon which a right, power, privilege, or immunity may depend....
CopyCited 12 times | Published | Supreme Court of Florida | 2002 WL 220616
...unity, power, privilege, or right; or (2) Of any fact upon which the existence or nonexistence of such immunity, power, privilege, or right does or may depend, whether such immunity, power, privilege, or right now exists or will arise in the future. § 86.011, Fla Stat....
CopyCited 12 times | Published | Florida 2nd District Court of Appeal | 2001 WL 936184
...We conclude that the Commission is entitled to enforce its privilege of home venue, and thus this case must be transferred to Leon *260 County where the Commission's headquarters are located. William D. Wilkinson filed an action for declaratory judgment against Lee County and the Commission under section 86.011, Florida Statutes (2000)....
CopyCited 11 times | Published | Florida 2nd District Court of Appeal
...The circuit courts have exclusive original jurisdiction in all cases in equity and in law involving the title of real property. See §
26.012(2)(c) and (g), Fla. Stat. (1981). The circuit courts also have jurisdiction to declare rights, status and other equitable or legal relations. See §
86.011....
CopyCited 11 times | Published | Florida 5th District Court of Appeal | 1998 Fla. App. LEXIS 15942, 1998 WL 880960
...ion because the underlying federal lawsuit had been settled, and therefore, there was no justiciable controversy left pending. See Jacobs & Goodman, P.A. v. McLin, Burnsed, Morrison, Johnson & Robuck, P.A.,
582 So.2d 98 (Fla. 5th DCA 1991); see also §
86.011, Fla....
CopyCited 10 times | Published | Florida 5th District Court of Appeal | 2009 Fla. App. LEXIS 2273, 2009 WL 722053
...extend an offer of settlement." *418 Halls River then sued the County, alleging that the Ordinance inordinately burdened its property and sought compensation under the Harris Act. The complaint also asserted claims for declaratory relief pursuant to section 86.011, Florida Statutes (2005), and equitable estoppel....
CopyCited 10 times | Published | Supreme Court of Florida
...I, § 2, Declaration of Rights, Florida Constitution, 1968, F.S.A. We have jurisdiction pursuant to Fla. Const. Article V, § 3(b) (1). Appellee, Kahn, filed his complaint for declaratory relief as a class action pursuant to Rule 1.220, F.R.C.P., 30 F.S.A., and Fla. Stat. § 86.011, F.S.A., alleging denial of his application for a $500 tax exemption under Fla....
CopyCited 10 times | Published | Florida 3rd District Court of Appeal | 1989 WL 30791
...The parties disputed the correct interpretation of the license agreement's fee abatement provision. The meaning of that provision of the contract was unclear and our declaratory judgment law gives a right to seek interpretation of contracts in the circuit court in such circumstances. § 86.011, Fla....
CopyCited 10 times | Published | Supreme Court of Florida | 2001 WL 388863
...rida's 70,000 career service employees, did so in a declaratory judgment action concerning their rights under the collective bargaining statute. The circuit courts of this State have jurisdiction to hear complaints requesting declaratory relief. See § 86.011, Fla....
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 1999 WL 1036563
...g a declaration that appellant was required to provide him liability insurance coverage in the underlying personal injury action by Karla Sue Edge. A declaratory judgment determining insurance coverage "has the force and effect of a final judgment," section 86.011, Florida Statutes (1997), and "is appealable as a final order regardless of whether the judgment is rendered in a separate declaratory judgment action or as part of a third-party action." Canal Ins....
CopyCited 9 times | Published | Florida 3rd District Court of Appeal
...erial to resolution of the latent ambiguity as may be presented by or on behalf of the parties at the trial. It is so ordered. NOTES [1] Such a proceeding to construe a contract as to rights thereunder which will arise in the future is authorized by § 86.011 of Chapter 86 Fla....
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 1988 WL 138497
...."; sections
65.011 and
65.021, Florida Statutes, give circuit courts jurisdiction of actions "against any person or corporation not in actual possession, who has, appears to have or claims an adverse legal or equitable estate, interest, or claim" to quiet or remove clouds from the title to the land. [3] Section
86.011 provides that the circuit court has jurisdiction over actions for declaratory judgments, and section
86.021 gives the court the power to determine the rights, status, or other equitable or legal relations affected by a statute, or any regulation made under statutory authority....
CopyCited 8 times | Published | Florida 5th District Court of Appeal | 1990 WL 199162
...e amount was a money debt. Appellant denied that payments had not been made for attorney fees. *359 On November 8, 1989, appellant filed a Request for Declaratory and Other Relief pursuant to Florida Rule of Civil Procedure 1.510 and Florida Statute 86.011....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 2004 WL 1809862
...the underlying tort action by the Pagans is not at issue in this appeal. Nonetheless, the majority persists in calling into question the propriety of the declaratory judgment action. In my view, on the record before us, this is totally unwarranted. Section 86.011, Florida Statutes (2002), provides, in pertinent part, that a "court may render declaratory judgments on the existence or nonexistence (1)[o]f any immunity, power, privilege or right." (Emphasis added.) The issue of whether a particular entity is entitled to sovereign immunity appears to fall squarely within the express provision of section 86.011....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal
...International Glass & Mfg., Inc., Fla.App.,
249 So.2d 496, Opinion filed June 16, 1971. [4] See, e.g., Feller v. Equitable Life Assur. Soc. of U.S. (Fla. 1912),
57 So.2d 581; Old Republic Ins. Co. v. Monsees (Fla. App. 1966),
188 So.2d 893; Salter v. National Indem. Co. (Fla.App. 1964),
160 So.2d 147. [5] See, F.S. §
86.011 et seq., F.S.A....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 1990 WL 212849
...cts for a declaratory judgment. Questions of fact may be determined in declaratory proceedings if necessary to a construction of legal rights. See Smith v. Milwaukee Insurance Company of Milwaukee, Wisconsin,
197 So.2d 548 (Fla. 4th DCA 1967). Thus, section
86.011(2), Florida Statutes (1989), provides for declaratory judgments on the existence or nonexistence of any fact upon which a right may depend....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal | 2011 Fla. App. LEXIS 12097, 2011 WL 3300540
...at 1245 (emphasis added). The Florida Declaratory Judgment Act, chapter 86, Florida Statutes (2009), is remedial in nature and should be broadly construed. See §
86.101, Fla. Stat. (2009); Conley v. Morley Realty Corp.,
575 So.2d 253, 254 (Fla. 3d DCA 1991). Section
86.011(1), Florida Statutes (2009), confers upon the circuit courts jurisdiction to render declaratory judgments as to the existence or nonexistence of any “immunity, power, privilege or right.” However, in order to properly invoke the ju...
CopyCited 6 times | Published | Supreme Court of Florida
...der which it operates are constitutional. Naturally the Division of Mental Health must be very concerned with such questions, and perhaps it would have standing on just that basis in some action for declaratory relief, brought pursuant to Fla. Stat. § 86.011 (1975)....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 2013 WL 950544, 2013 Fla. App. LEXIS 4073
...Count Two: “Petition for Declaratory Relief Violation of Agency Rules” Rhea’s second count sought declaratory relief. Circuit courts have jurisdiction “to declare rights, status, and other equitable or legal relations whether or not further relief is or could be claimed.” § 86.011, Fla....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 1993 WL 259094
...[4] Plaintiffs also argue that their declaratory judgment claim gives the circuit court subject matter jurisdiction over the entire action. We reject out of hand the argument that all declaratory judgment claims are, in and of themselves, within the equitable jurisdiction of the circuit court. Section 86.011, Florida Statutes (1991), expressly provides that the "circuit and county courts have jurisdiction within their respective jurisdictional amounts to declare rights * * *." This provision simply means that, where the subject of the decl...
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 2116, 1986 Fla. App. LEXIS 9963
...y and enforceability of the ordinance, East Naples Water Systems, Inc. v. Board of County Commissioners,
457 So.2d 1057 (Fla. 2d DCA 1984), and it adequately alleges a basis for additional coercive relief should the ordinance be found unenforceable. §
86.011(2), Fla....
CopyCited 5 times | Published | District Court, M.D. Florida | 2017 WL 1179974, 2017 U.S. Dist. LEXIS 47667
...2015) (reviewing the equitable subrogation claim, but noting that the district court had found a primary insurer obligated to defend and indemnify an insured); Auto-Owners Ins. Co. v. Great Am. Ins. Co., 479 Fed.Appx. 228, 231 (11th Cir. 2012) (reviewing the denial of a motion to remand a claim brought under section 86.011 of the Florida Statutes); and Westfield Ins....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 2008 WL 2387991
...Declaratory Judgments Chapter 86, Florida Statutes, governs declaratory actions and gives to circuit and county courts jurisdiction to "declare rights, status, and other equitable or legal relations whether or not further relief is or could be claimed." § 86.011, Fla....
...provisions. Concern about the absence of a precise amount claimed due by the plaintiffs is irrelevant to maintenance of this declaratory action since such an action, if otherwise proper, is not barred because "further relief is or could be claimed." § 86.011, Fla....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1999 WL 454406
...Furthermore, the court determined that Cassady "is now in doubt as to whether he has a constitutional right to visitation with his children and as to whether the statute violates that right." On that basis, the court concluded that declaratory relief was warranted. Section 86.011 & .021, Fla....
CopyCited 5 times | Published | Florida 4th District Court of Appeal
...Asher of Jackson & Jackson, Palm Beach, for appellant. Walter B. Hutcheson, Jr., of McGee, Johnson, Jordan, Hutcheson & Young, Lake Worth, for appellees. WALDEN, Chief Judge. Appellant's amended complaint stated a sufficient cause of action for declaratory relief under Fla. Stat. § 86.011 (1973)....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 1991 WL 136878
...The within case is a classic illustration for use of the declaratory judgment procedure and the Court finds there is an actual bona fide controversy between the parties; there is a clear and present need alleged and proven for the resolution of the dispute. Plaintiff has brought itself within the requirements of F.S.
86.011 and
86.021....
CopyCited 5 times | Published | Supreme Court of Florida
...ute, regulation, municipal ordinance, *820 contract, deed, will, franchise, or other article, memorandum or instrument in writing, or any part thereof, and obtain a declaration of rights, status or other equitable or legal relations thereunder." and Section 86.011, Florida Statutes, provides: "Jurisdiction of circuit court....
CopyCited 5 times | Published | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 565, 2013 WL 3466819, 2013 Fla. LEXIS 1427
subject to the provisions of chapter 86. As section
86.011, Florida Statutes (1971), makes clear, the
CopyCited 5 times | Published | Florida 3rd District Court of Appeal
...age in the amount of his bodily injury liability coverage under Chapter 71-88, Laws of Florida. As to Garcia's first point, we treat the order granting Allstate's motion to dismiss the complaint for declaratory relief as a declaratory judgment under § 86.011, Fla....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1993 WL 19019
...nt of the county court, except as otherwise restricted by the State Constitution or the laws of Florida. " (Emphasis added.) §
34.01(4), Fla. Stat. (Supp. 1990); Ch. 90-269, § 1, at 1973, Laws of Fla. At the same time, the legislature also amended Section
86.011, Florida Statutes, pertaining to trial court jurisdiction over declaratory judgment suits, conferring jurisdiction on county courts in matters in equity within their jurisdictional amounts. §
86.011, Fla....
...The clear intent of the legislature was to expand county court jurisdiction over certain specified equitable matters. This intent is reflected not only by the express language employed in section
34.01(4), but as well by the title to Chapter 90-269, Laws of Florida, [2] and the amendment to section
86.011....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal
...s and other equitable or legal relations whether or not further relief is or could be claimed. * * * The court's declaration may be either affirmative or negative in form and effect and such declaration has the force and effect of a final judgment". § 86.011 Fla....
CopyCited 4 times | Published | Florida 4th District Court of Appeal
...courage any use other than beach access and was ordered to remove the barbeque pit, tables, and table seating. The trial court retained jurisdiction to enforce the order and to enter any additional, coercive, supplemental, or subsequent orders under section 86.011, Florida Statutes (2001)....
...Third, we hold that Accardi is precluded from seeking, as part of his damages in the present litigation, his attorney's fees from the prior declaratory and injunctive action. Accardi could have and should have sought fees as part of the previous actions as the prevailing party pursuant to the declaratory judgment statute, section 86.011, Florida Statutes (2001)....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 13 Fla. L. Weekly 1152, 1988 Fla. App. LEXIS 1916, 1988 WL 44489
...icate of Value shall remain in full force and effect, plus or minus any difference in the book value per share from and after November 1, 1965 or other last certificate hereafter executed, to the date of death or date of sale as the case may be. [2] Section 86.011, Florida Statutes (1985), provides: 86.011 Jurisdiction of circuit court....
...may depend, whether such immunity, power, privilege, or right now exists or will arise in the future. Any person seeking a declaratory judgment may also demand additional, alternative, coercive, subsequent, or supplemental relief in the same action. § 86.011, Fla....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 1991 WL 98016
...Article 1, section 21 provides that "[t]he courts shall be open to every person for redress of any injury, and justice shall be administered without sale, denial or delay." The statutes *298 in question violate that principle. The final judgment states, in relevant part: The Court has jurisdiction pursuant to § 86.011, Fla....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 10 Fla. L. Weekly 1650, 1985 Fla. App. LEXIS 14933
..."empowered to make the threshold factual determination that the uninsured motorist was not solely responsible for the plaintiff's injuries and that the negligence of the insured motorist contributed to the accident as well." (emphasis in original). Section 86.011, Florida Statutes (1983), provides that the circuit court may render declaratory judgments on the existence, or nonexistence of any immunity power, privilege or right, or of any fact upon which such may depend....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 204 U.S.P.Q. (BNA) 227
...has jurisdiction to render declaratory judgments on the existence, or nonexistence: 1) of any ... right; or 2) of any fact upon which the existence of such ... right does or may depend, whether such ... right now exists or will arise in the future. Section 86.011, Florida Statutes (1977)....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 1991 Fla. App. LEXIS 958, 1991 WL 15561
...1952); Koscot Interplanetary, Inc. v. State ex rel. Conner,
230 So.2d 24, 25 (Fla. 4th DCA 1970). The statute affords circuit courts "jurisdiction to declare rights, status, and other equitable or legal relations whether or not further relief is or could be claimed... ." §
86.011, Fla....
CopyCited 4 times | Published | Supreme Court of Florida
of limitations prescribed by F.S. § 84.21 and § 86.11, F.S.A. These statutes respectively require that
CopyCited 4 times | Published | District Court, S.D. Florida | 2013 WL 4714207, 2013 U.S. Dist. LEXIS 126535
...DISCUSSION In its Third Amended Complaint, 200 Leslie invokes the Court’s diversity jurisdiction pursuant to 28 U.S.C. § 1332 and relies on both the Federal Declaratory Judgment Act, 28 U.S.C. § 2201 , and Florida’s Declaratory Judgment Act, Fla. Stat. § 86.011 [D.E....
...Corp., 501 Fed.Appx. 929, 937 (11th Cir.2012) (The lack of a live controversy moots a declaratory judgment claim and deprives the court of subject matter jurisdiction over that claim.). The same analysis applies under the Florida Declaratory Judgment Act, Fla. Stat. § 86.011 ....
...interested party seeking such declaration, whether or not further relief is or could be sought. Any such declaration shall have the force and effect of a final judgment or decree and shall be reviewable as such. 28 U.S.C. § 2201 (emphasis added). . Section 86.011 provides, in pertinent part: The circuit and county courts have jurisdiction within their respective jurisdictional amounts to declare rights, status, and other equitable or legal relations whether or not further relief is or could be claimed....
...No action or procedure is open to objection on the ground that a declaratory judgment is demanded. The court’s declaration may be either affirmative or negative in form and effect and such declaration has the force and effect of a final judgment. ■Fla. Stat. § 86.011.-
CopyCited 4 times | Published | Florida 4th District Court of Appeal
...2701,
33 L.Ed.2d 548 (1972); Bryant v. City of Lakeland,
158 Fla. 151,
28 So.2d 106 (1947); Mizell v. North Broward Hospital District,
175 So.2d 583 (Fla. 2d DCA 1965). If adequately pled, a property interest in continued hospital privileges would be sufficient to invoke Section
86.011 et seq., Florida Statutes (1979), enabling the court to declare the party's rights, viz., her entitlement to procedural due process....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2004 WL 894599
...nt. The case at bar is distinguishable from Garcia and Calabrese. Here DePaola sought injunctive relief. At the conclusion of DePaola's lengthy complaint he asked the trial court for the following relief: 1. render a declaratory judgment pursuant to 86.011 Fla. Stat. That the plaintiff was unlawfully terminated from his employment with the Town of Davie Fire Department; 2. render a declaration judgment pursuant to s.86.011 Fla....
...involved the legal or equitable relations of parties having adverse interests with respect to which the declaration is sought." Id. at 753. In the case sub judice the complaint clearly seeks relief under the authority conferred to the trial court in section 86.011, Florida Statutes....
...may depend, whether such immunity, power, privilege, or right now exists or will arise in the future. Any person seeking a declaratory judgment may also demand additional, alternative, coercive, subsequent, or supplemental relief in the same action. § 86.011, Fla. Stat. Although some of the relief sought in DePaola's complaint asks the trial court for more than declaratory relief, section 86.011 specifically permits claimants to seek alternative or supplemental relief within an action seeking declaratory relief....
CopyCited 3 times | Published | Court of Appeals for the Eleventh Circuit
...; cf. Vance v. Universal Amusement Co.,
445 U.S. 308, 317 ,
100 S.Ct. 1156, 1162 ,
63 L.Ed.2d 413 (1980) (per curiam) (requiring procedural safeguards for judicial injunctions of speech). Indeed, we note that declaratory judgment under Fla.Stat.Ann. §
86.011 (West 1993) is itself a discretionary remedy, and the circuit court’s decision to grant or deny review is accorded great deference....
CopyCited 3 times | Published | District Court, M.D. Florida | 2012 WL 4052277, 2012 U.S. Dist. LEXIS 131372
...Declaratory Judgment Count I asserts a claim for declaratory judgment. The Count does not specify whether declaratory judgment is sought pursuant to 28 U.S.C. § 2201 , the Federal Declaratory Judgment Act, or the Florida Declaratory Judgment Act, Fla. Stat. § 86.011 ....
CopyCited 3 times | Published | District Court, M.D. Florida | 1990 U.S. Dist. LEXIS 15063, 1990 WL 175337
...782,
128 So. 258 (1930). The legal and equitable relations of persons and the existence or nonexistence of any immunity, power, privilege or right or of any fact on which any of them depends may be the subject of declaratory relief. Florida Statutes §
86.011....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...anticipated declaratory judgment. Although the remedy sought is identical to a
claim for declaratory and injunctive relief under FDUTPA in count three, we
analyze count four under Chapter 86, Florida Statutes, which authorizes courts to
issue declaratory judgments. See § 86.011, Florida Statutes.
We agree with the trial court that the lack of a present controversy precludes
Ahearn from having standing to seek a declaratory judgment and injunctive relief
under Chapter 86....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1992 WL 336017
...Rather than just refusing to defend on the basis that the allegation made in the complaint was that the feed formula was incorrect (product liability) and not that the wrong feed *933 was delivered (general liability), a great deal of time and money could have been saved if F.F.B. had filed a declaratory action under section 86.011, Florida Statutes (1992)....
...bility for the Jameses' claim comes at the end of a long, expensive, and apparently futile effort for the Jameses to obtain compensation for their loss. A declaratory action brought "up front" might have alleviated some of this litigation. NOTES [1] Section 86.011, Florida Statutes (1992), states: The circuit and county courts have jurisdiction within their respective jurisdictional amounts to declare rights, status, and other equitable or legal relations whether or not further relief is or could be claimed....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1989 WL 25442
...e "natural biological child" of the Twiggs. The interests of the child, which we consider paramount in this case, require that the trial judge be without doubt as to why the declaration is demanded. In this respect the pleading is fatally defective. Section 86.011(2) Florida Statutes (1987) provides that the circuit courts of this state have jurisdiction to render declaratory judgments on the existence or nonexistence of "any fact upon which the existence or nonexistence of [any] immunity, power...
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 1999 Fla. App. LEXIS 7278, 1999 WL 346025
...decision of whether to adjust or lower Hyman's options was within its absolute discretion. Consequently, they argued that there was no need for the court's construction of the section; therefore, *548 relief pursuant to the Declaratory Judgment Act, section 86.011, et seq., Florida Statutes (1997), was not available....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1991 WL 103437
..., Florida Statutes, did not preempt the common law cause of action for bad faith failure to settle. We will address only the propriety of the trial court's dismissal of the suit because our affirmance thereof renders the remaining issues moot. Under Section 86.011, Florida Statutes (1989), the circuit court: may render declaratory judgments on the existence or nonexistence: (1) Of any immunity, power, privilege, or right; or (2) Of any fact upon which the existence or nonexistence of such immuni...
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1991 WL 563
...1st DCA 1985). While the complaint is somewhat vague, it appears that the plaintiff's request for relief involved a determination of the applicability of the immunity contained in section
440.11, Florida Statutes, to an ascertainable set of facts. Section
86.011 states: Jurisdiction of circuit court....
...may depend, whether such immunity, power, privilege, or right now exists or will arise in the future. Any person seeking a declaratory judgment may also demand additional, alternative, coercive, subsequent, or supplemental relief in the same action. § 86.011, F.S....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2008 Fla. App. LEXIS 2185, 2008 WL 450621
...Cardillo asserts that the order was a non-final order and, therefore, did not commence the time limitation. Simon initially sued Cardillo for personal injury; Cardillo then filed a liability claim with Qualsure. Qualsure, contesting coverage and its duty to defend, sought a declaratory judgment, pursuant to section 86.011, Florida Statutes....
...sufficient to alert counsel that the clock is ticking as to a fee motion. We also note that chapter 86, Florida Statutes, discussing declaratory judgments, provides that “a court’s declaration ... has the force and effect of a final judgment.” § 86.011, Fla....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2004 Fla. App. LEXIS 20183, 2004 WL 3009184
...1st DCA 1993) (holding that circuit court lacked subject matter jurisdiction to consider plaintiff's civil *480 rights complaint seeking declaratory judgment and nominal, compensatory, and punitive damages in amount of $950; based upon amount in controversy and relief requested, claim had to be heard in county court); see § 86.011, Fla....
CopyCited 3 times | Published | Supreme Court of Florida | 41 Fla. L. Weekly Supp. 146, 44 Media L. Rep. (BNA) 1769, 2016 Fla. LEXIS 783, 2016 WL 1458515
...allowing Lee to inspect and photocopy the records. Lee refused to comply with the conditions imposed by the Pension Fund and was not permitted to inspect or copy the records at the arranged time. Eventually, Lee sought declaratory relief pursuant to section 86.011, Florida Statutes (2009), alleging that certain conditions and fees imposed by the Pension Fund prior to allowing him to inspect or copy the public records he requested were not legally valid....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1995 Fla. App. LEXIS 10639, 1995 WL 599704
...d of subject matter jurisdiction. Since they were not met in this case, the circuit court had no alternative but to dismiss with prejudice. We disagree. At least the circuit court had jurisdiction to rule on the constitutionality of the statute. See § 86.011, Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1995 Fla. App. LEXIS 11418, 1995 WL 637511
...for failure to state a cause of action. Upon Effort's decision not to further amend, but rather, to stand on its pleadings, the trial court then entered the final judgment of dismissal under appeal. Appellant here correctly argues that, pursuant to section 86.011, et seq., Florida Statutes, and State Farm Fire & Casualty Co....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1978 Fla. App. LEXIS 15904
...ed the determination of the other. Further, we feel that both of these questions were properly raised by the pleadings, etc., before the trial court at the time it ruled on the motions for summary judgment. This opinion is enhanced by our reading of Section 86.011, Florida Statutes (1975), pertaining to the trial court's jurisdiction to determine the rights, status, and legal relations between the parties in a declaratory judgment action such as this one....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2006 Fla. App. LEXIS 10261, 2006 WL 1687587
...In April 2005, RIMCI was served with notices stating that, unless all delinquent taxes on Tracts A and B were paid, a tax deed sale would occur on June 16, 2005. On May 2, 2005, RIMCI filed its Verified Complaint alleging: (1) RIMCI is entitled to a declaratory judgment pursuant to section 86.011, et seq., Florida Statutes (2005), compelling the County to apportion the tax liens in accordance with RIMCI's ownership of the Subtracts; (2) the County deprived RIMCI of its right to alienate the Subtracts without due process of law under 42 U.S.C....
CopyCited 2 times | Published | Court of Appeals for the Eleventh Circuit | 1995 WL 303
...The disposition of the due process issue makes it is unnecessary to reach the other issues raised by the parties on appeal. . Florida Constitution, Article V, § 20(c)(3), grants Florida circuit courts jurisdiction to hear challenges to any state tax. Florida Statutes §
72.011 (1988) and §
86.011 (1987) give Florida circuit courts the power to issue declaratory and injunctive relief' in tax cases....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2005 WL 415137
...STATE of Florida, Appellee. No. 2D04-2415. District Court of Appeal of Florida, Second District. February 23, 2005. *707 CASANUEVA, Judge. David Jackson appeals the trial court's order denying his petition for declaratory judgment filed pursuant to section 86.011, Florida Statutes (2003)....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2006 WL 1083999
...Burgess of Gunster, Yoakley & Stewart, P.A., West Palm Beach, for appellee. GROSS, J. This is an appeal from a final summary judgment entered in a declaratory judgment action. Republic Services of Florida, L.P. filed an action in circuit court to determine its rights under two related contracts. See § 86.011 et seq., Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal
...The Metro-Dade Police Department conducted a laboratory test to examine the perforations in the ballots and to determine whether there were any irregularities. Those tests were inconclusive as to tampering. The board commenced a declaratory action in the circuit court, pursuant to Section 86.011, Florida Statutes (1983), and obtained an emergency hearing to determine whether a new election between all three candidates should be held....
CopyCited 1 times | Published | District Court of Appeal of Florida | 2 Am. Disabilities Cas. (BNA) 278, 1992 Fla. App. LEXIS 10443, 60 Empl. Prac. Dec. (CCH) 41, 933, 60 Fair Empl. Prac. Cas. (BNA) 234, 1992 WL 275623
...The complaint further alleged that “Y” Person indicated that he knows he is dying and has threatened to bite or kiss other employees. In addition to a declaration of its rights under section
760.50, Florida Statutes, “X” Corporation asked for supplemental relief under subsection
86.011(2), compelling “Y” Person to submit to acquired immune deficiency syndrome (AIDS) testing....
...“Y” Person now seeks a writ of certiorari to quash this order. “X” Corporation’s entitlement to supplemental relief is derived from the declaratory judgment action that was dismissed. Statutory authority for supplemental relief arises from the prosecution of the declaratory judgment action. § 86.011(2), Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 11 Fla. L. Weekly 2315
...isan election of members to the governing body of the Metro-Dade Fire And Rescue Service District (Fire Board) and seeking to have the election cancelled. [1] We treat this appeal as one from a ruling on a petition for declaratory relief pursuant to section 86.011, Florida Statutes (1985)....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2006 WL 3024956
...Although the other claims and issues apart from the summary judgment remain outstanding, Gulf Power asserts that an appeal may be obtained upon the summary judgment because it involves a declaratory judgment claim and such judgments are themselves accorded the force and effect of a final judgment. See § 86.011....
CopyCited 1 times | Published | District Court of Appeal of Florida | 10 Fla. L. Weekly 2355, 1985 Fla. App. LEXIS 16308
...nd National Union. No appeal was taken from that order. Thereafter, National Union and Fidelity requested and received the permission of the trial court to amend their third-party complaints in order to add actions for declaratory relief pursuant to section 86.011, Florida Statutes (1983)....
CopyCited 1 times | Published | District Court, S.D. Florida | 2010 U.S. Dist. LEXIS 108181, 2010 WL 3860253
...Defendant argues that the Complaint does not allege that Defendant seeks to enforce the coinsurance penalty. Accordingly, as Plaintiff merely seeks legal advice from the Court, a declaratory judgment would be improper in this case. Declaratory judgments in Florida are governed by Chapter 86 of the Florida Statutes. Section 86.011 of the Florida Statutes provides: The circuit and county courts have jurisdiction within their respective jurisdictional amounts to declare rights, status, and other equitable or legal relations whether or not further relief is or could be claimed....
...ich the existence or nonexistence of such immunity, power, privilege, or right does or may depend, whether such immunity, power, privilege, or right now exists or will arise in the future. Any person seeking a declaratory judgment may FLA. STAT. ch. 86.011....
...lihood that plaintiffs would suffer future injury). Based upon the allegations of the Complaint, the Court finds that Plaintiff has failed to allege sufficient facts which, when taken as true, state a cause of action for a declaratory judgment under section 86.011 of the Florida Statutes....
CopyCited 1 times | Published | District Court of Appeal of Florida | 75 L.R.R.M. (BNA) 2552, 1970 Fla. App. LEXIS 5601
...nter a judgment holding that the plaintiff-appellant did not voluntarily terminate his employment and that he is entitled to participate in the Employees’ Profit Sharing Program to an extent and in a manner to be determined by the trial court. See § 86.011 Fla.Stat, F.S.A.; Cf....
CopyCited 1 times | Published | District Court, M.D. Florida | 2007 U.S. Dist. LEXIS 16597, 2007 WL 779108
...In Count II of the Complaint (Doc. # 2), Marco Island Cable, Inc. (MIC or plaintiff) sues Comcast Cablevision of the South, Inc. and Comcast Corporation (collectively Comcast or defendant) for a declaratory judgment under the Florida Declaratory Judgment Act, Fla. Stat. §§ 86.011 86.15....
...Co.,
894 So.2d 5, 10-12 (Fla.2004). Courts are authorized "to declare rights, status and other equitable or legal relations, whether or not further relief is or could be claimed," and "its declaration may be either affirmative or negative in form and effect . . ." Fla. Stat. §
86.011....
...vilege, or right; or (2) Of any fact upon which the existence or nonexistence of *1161 such immunity, power, privilege, or right does or may depend, whether such immunity, power, privilege or right now exists or will arise in the future." Fla. Stat. § 86.011....
...or whose rights, status, or other equitable or legal relations are affected by a . . . contract . . ." in order to determine "any question of construction or validity arising under such . . . contract. . . ." Fla. Stat. §
86.021. This "does not limit or restrict the exercise of the general powers conferred in s.
86.011 in any action where declaratory relief is sought." Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2016 Fla. App. LEXIS 4492, 2016 WL 1125826
...While the result was not what Hyman had hoped for, it can hardly be
argued that the trial court did not accomplish the very task for which Hyman
employed Florida’s declaratory judgment act.
5
Section 86.011 expressly provides Florida’s circuit courts with jurisdiction
“. . . to declare rights, status and other equitable or legal relations. . .” § 86.011,
Fla....
...court to make the appropriate factual determinations necessary in order to make
such decrees. Further, parties seeking declaratory relief may seek “. . . additional,
alternative, coercive, subsequent or supplemental relief . . .” in the declaratory
judgment action. § 86.011(2), Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 676
...n provisions of the General Appropriations Act of 1979. [3] Brown v. Firestone,
382 So.2d 654 (Fla. 1980). The remaining question is whether another adequate remedy exists. Appellees argue that a declaratory judgment would be an adequate remedy. See Section
86.011, Florida Statutes....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2001 WL 245763
...Florida Nat'l Properties, Inc.,
338 So.2d 13, 19-20 (Fla.1976) (Hatchett, J., concurring in part and dissenting in part); Toombs v. Gil,
353 So.2d 934 (Fla. 3d DCA 1978); Board of Trustees v. Pineta Co.,
287 So.2d 126 (Fla. 3d DCA 1973); Bozeman v. Roberts,
188 So.2d 23 (Fla. 1st DCA 1966); §
86.011, Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2006 Fla. App. LEXIS 3445, 2006 WL 572007
...Consequently, Phantom is of limited relevance to the proceedings below and provides no basis for the grant of a summary judgment. The Declaratory Judgment Act allows a party to invoke trial court jurisdiction “to declare rights, status, and other equitable or legal relations” among parties. § 86.011, Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2012 WL 2012155, 2012 Fla. App. LEXIS 8885
...lied. Id. at 1092 . A petition for a declaratory judgment asks the court to define the legal relationship between the parties and them rights with respect to the matter before the court, without ordering that anything be done or awarding damages. “Section 86.011(1), Florida Statutes (2009), confers upon the circuit courts jurisdiction to render declaratory judgments as to the existence or nonexistence of any ‘immunity, power, privilege or right.’ However, in order to properly invoke the jurisdiction of the circuit court, the party seeking a declaration must ......
CopyCited 1 times | Published | District Court, S.D. Florida | 2013 WL 2646799, 2013 U.S. Dist. LEXIS 82604
...Summary Judgment on Count I-Coverage for Windows and Sliding Glass Doors The Second Amended Complaint (DE # 38, 8/10/12) alleges that: “This is an action for declaratory relief concerning Plaintiffs rights under an insurance policy brought pursuant to section 86.011 et seq....
...Nonetheless, QBE’s fraud and concealment defense was sufficient to survive the summary judgment stage. . In Nirvana Condo. Ass’n, Inc. v. QBE Ins. Corp.,
589 F.Supp.2d 1336, 1343 (S.D.Fla.2008) (citations omitted), this Court observed that it could not apply the state declaratory judgment statute, Fla. Stat. §
86.011 , in an action based on diversity jurisdiction because ”[t]here [wa]s -nothing in this particular statutory provision that conferred] any substantive rights.” Similarly here, the undersigned will only address Count I in the context of the federal declaratory judgment statute....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2006 Fla. App. LEXIS 12065, 2006 WL 2033899
...The First District in Reed also certified as a question of great public importance the issue of whether the insurer could seek review of the judgment prior to a final determination of liability in the underlying action and, if so, by what method. Proceeding on the certified question, the supreme court noted that pursuant to section 86.011, Florida Statutes, declaratory judgments have the same force as final judgments....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2007 WL 5750
...motion to recuse once the officer's conduct occurs under section
322.2615(6)(a), Florida Statutes, or by writ of certiorari upon an adverse decision pursuant to section
322.2615(13), Florida Statutes, or by a suit for declaratory relief pursuant to section
86.011, Florida Statutes....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2011 Fla. App. LEXIS 205, 2011 WL 148393
...ature and, based on concurrent jurisdiction, could be brought either in circuit court or county court. We disagree. Alexdex concerned the foreclosure of a construction lien and not, as in this case, a claim for declaratory relief pursuant to Chapter 86.011 of the Florida Statutes....
...at court’s monetary jurisdiction whereas the circuit court could reach down and take jurisdiction of equity matters below the circuit court’s monetary jurisdiction. However, unlike other matters in equity, there is no concurrent jurisdiction for section 86.011 claims for declaratory relief....
...Because UAIC alleges claims of less than $15,000 for each medical provider in its declaratory action, the trial court lacked jurisdiction of the subject matter and properly dismissed the second amended complaint for declaratory relief. Affirmed. . The pertinent portion of section 86.011, Florida Statutes (2010) provides: 86.011 Jurisdiction of trial court....
CopyCited 1 times | Published | District Court, S.D. Florida
...t." D.E. 7 ¶¶ 156, 160. But on what grounds? Rapture has not pleaded the existence of any rights or other "legal relations" that require determination besides those covered by its statutory and common-law claims. See 28 U.S.C. § 2201 ; Fla. Stat. § 86.011 ; see also Aetna Life Ins....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 18399, 2015 WL 8348320
...This is contrary to the purpose of the amendment allowing
portability of an SOH benefit and contrary to the strong public policy
reflected in section
194.171(2) requiring finality in tax assessments.
Although the circuit court generally has jurisdiction to consider a
declaratory judgment action under section
86.011, Florida Statutes, the
action in this case would necessarily involve an untimely and barred
challenge or adjustment to the 2012 assessment of the former homestead.
Accordingly, we conclude that the circuit court lacks jurisdiction as a
matter of law to grant the relief requested in Neff’s action....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2016 Fla. App. LEXIS 18789
...contributions during the time it controlled the HOA.
Centex argues that the MacKenzies lack standing to pursue their claim and that
the lower court lacked jurisdiction over the action because the MacKenzies had not met
the requirements for seeking a declaratory judgment under section 86.011, Florida
Statutes (2015)....
CopyCited 1 times | Published | United States Bankruptcy Court, M.D. Florida | 2012 WL 3963175, 2012 Bankr. LEXIS 4144
...Given the competing lien interests in the Collateral, Count I of the Bank’s Amended Complaint seeks a determination of the validity, priority, and extent of the various lien interests in the Collateral. Similarly, Count II seeks a declaratory judgment pursuant to Florida Statutes section 86.011 establishing the parties’ respective rights in the Collateral....
...the claim filed against the Estate by the Bank.”). For the reasons explained above, the Court also has “related to” jurisdiction over the remaining counts of the Bank’s Complaint. Count II seeks a declaratory judgment under Florida Statutes section 86.011 as to the competing lien interests in the Collateral....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2013 WL 4081010, 2013 Fla. App. LEXIS 12643
...Trailer Corp. v. McIlwain,
579 So.2d 237, 241 (Fla. 1st DCA 1991) (discussing circuit courts’ equity jurisdiction). And of course the Declaratory Judgment Act itself confers jurisdiction in the circuit court which the County cannot contravene. See §
86.011, Fla....
...assessments by way of declaratory judgment actions”). 8 Therefore, in order to avoid a constitutional quandary, we construe the ordinance not to encompass declaratory relief under chapter 86. Angelo’s filed a claim for declaratory relief pursuant to section 86.011, and therefore the requirement for exhaustion of administrative remedies in the ordinance is inapplicable to this case....
...The fact that Pasco County is a noncharter county rather than a charter county does not affect this case. The constitution makes no distinction between charter and noncharter counties’ powers regarding general laws, only special laws. Compare art. VIII, § 1(f), Fla. Const., with art. VIII § 1(g), Fla. Const. . Under section 86.011, the circuit courts are vested with jurisdiction over declaratory judgments, but it is concurrent with the county courts' jurisdiction “within their respective jurisdictional amounts.”
CopyCited 1 times | Published | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 20029
jurisdiction to grant declaratory relief under Section
86.011, Florida Statutes (1979). This contention is
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2003 WL 1720086
...5th DCA 1993)(reversing declaratory judgment in favor of doctor and holding that covenant not to compete was enforceable); Dorminy v. Frank B. Hall & Co.,
464 So.2d 154 (Fla. 5th DCA 1985)(affirming declaratory judgment order enforcing a covenant not to compete). Section
86.011, Florida Statutes, grants courts the power to render declaratory judgment on the existence of any right or "[o]f any fact upon which the existence or nonexistence of such ... right does or may depend, whether such immunity, power, privilege, or right now exists or will arise in the future." §
86.011(2), Fla....
...The existence of factual issues does not preclude entry of a declaratory judgment. The statute itself is clear that courts have the power to not only render declaratory judgments on the existence of rights, but also on "any fact upon which the existence or nonexistence of such ... right does or may depend...." § 86.011(2), Fla....
CopyCited 1 times | Published | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 3581, 1991 WL 55412
...There are numerous cases on both sides of the controversy. We would hope that the supreme court, given the appropriate opportunity to do so, will revisit its position on this issue laid down in Columbia Casualty Co. v. Zimmerman,
62 So.2d 338 (Fla.1952), in view of the present wording of paragraph (2) of section
86.011, Florida Statutes (1989), which commences: “Of any fact....” In any event, we do not rest our rationale here on the appropriateness of the declaration as to a factual issue....
CopyPublished | Florida 2nd District Court of Appeal
... Thereafter, Certified timely informed Aventine that it "ha[d] elected
to extend the terms of the Lease for an additional 5-year period."
Aventine amended its complaint to seek a declaration that the renewal
option was unenforceable. See generally § 86.011, Fla....
CopyPublished | District Court of Appeal of Florida | 9 Fla. L. Weekly 1920, 1984 Fla. App. LEXIS 14946
...In the Authority’s view, chapter 86 provides a “tailor-made remedy” for the dilemma in which it finds itself in the case at bar. Section
86.021 states that a circuit court may render a declaratory judgment regarding how a party’s rights, status, or other equitable or legal relations are affected by a statute. Also, section
86.011 provides that a circuit court may file a declaratory judgment concerning the existence or nonexistence of any fact upon which the existence or nonexistence of a privilege does or may depend....
...in the circuit court between Eastern, the Authority, and a third party, Host, instead of allowing the Authority to seek a declaratory judgment in the same court pursuant to section 562.-46 of the Beverage Law, section
120.73 of the APA and sections
86.011 and
86.021 of the Declaratory Judgment Act, would be, to say the least, an expensive, inefficient and awkward proposition for all involved....
CopyPublished | Florida 2nd District Court of Appeal | 2008 Fla. App. LEXIS 14667, 2008 WL 4367453
...2 Mayor lorio qualified as a candidate for reelection in mid-January 2007. Shortly thereafter, Mr. Lewis qualified, maintaining that he was not required to and, in fact, did not resign. In late January 2007, the City ousted Mr. Lewis from his position and filed its action for declaratory judgment. See § 86.011, Fla....
CopyPublished | District Court of Appeal of Florida | 1975 Fla. App. LEXIS 15244
...d Sager under the promissory note (as modified), mortgage, and purchase agreement and then prayed for a declaratory judgment determining the rights of the respective parties under said documents. After a careful reading of the applicable statutes, §§
86.011 and
86.051, Fla.Stat., F.S.A.....
...NMG had a management contract with Hospital Management Corporation which was owned by the appellees, and the hospital trustees attempted to discharge the hospital administration and some of the other personnel in the employ of Hospital Management Corporation. . “86.011 Jurisdiction of circuit court “The circuit courts have jurisdiction to declare rights, status and other equitable or legal relations whether or not further relief is or could be claimed....
...or supplemental relief in the same action. [Emphasis Supplied] “86.051 Enumeration not exclusive “The enumeration in sections
86.021,
86.031 and
86.041, Florida Statutes, does not limit or restrict the exercise of the general powers conferred in section
86.011, Florida Statutes, in any action where declaratory relief is sought....
CopyPublished | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 12818, 2009 WL 2762686
...The lessee Courtside became the successor assignee of the lease in September 2005. Sometime later, problems and disagreements arose regarding the lessee’s management and operation of the Tennis Club. The association filed an “Amended Complaint for Declaratory Judgment Pursuant to Fla. Stat. §
86.011 Et Seq.” It sought a declaration that the lease was unfair and unreasonable, and subject to cancellation pursuant to section
718.302(l)(c), Florida Statutes....
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 17252
jurisdiction over all cases in equity. Furthermore, Section 86.-011, Florida Statutes (1979), specifically vests
CopyPublished | District Court, M.D. Florida | 2009 U.S. Dist. LEXIS 83623
...unterclaim]." (Doc. # 9 at 5). Deramo indicates that this Court is permitted to make factual findings, including the finding that subcontractors completed the deck work on the Home, pursuant to Florida's declaratory judgment statute, Florida Statute Section 86.011....
CopyPublished | Florida 3rd District Court of Appeal | 2002 Fla. App. LEXIS 14578, 2002 WL 31251000
...or declaratory relief. We recede from any statement or conclusion to the contrary in Wolf . The legislature has, in no uncertain terms, by its enactment of Chapter 86, Florida Statutes, emphatically authorized the general use of declaratory actions. Section
86.011 provides for jurisdiction in the circuit and county courts to declare rights, status, and “other equitable or legal relations whether or not further relief is or could be claimed.” Most importantly Sec *375 tion
86.011 mandates: “No action or procedure is open to objection on the ground that a declaratory judgment is demanded.” This clear and unambiguous legislative injunction cannot be construed to allow the dismissal of CAT’s derivative/declaratory action. Further, Section
86.051 re-emphasizes this legislative injunction: “The enumeration in [the preceding sections] does not limit or restrict the exercise of the general powers conferred in s.
86.011 in any action where declaratory relief is sought.” 3 [e.s.] The legislature’s instructions as to the construction of the statutes relating to declaratory actions are set forth in Section
86.101: “This chapter is declared to be substantive and remedial....
CopyPublished | Florida 3rd District Court of Appeal | 2004 Fla. App. LEXIS 14825, 2004 WL 2238626
...Fortuna Distribution Corporation appeals the .trial court’s dismissal of its suit for declaratory relief due to lack of jurisdiction. We reverse. The trial court’s determination that it lacked jurisdiction is plainly error. There are multiple ripe issues that squarely fall *455 under the declaratory judgment act, Section 86.011, Florida Statutes (2003)....
CopyPublished | District Court, M.D. Florida | 1991 U.S. Dist. LEXIS 17257, 1991 WL 253146
...The Court is therefore asked to dismiss the Second Amended Complaint with prejudice. However, while the complaints bear close resemblance, the Second Amended Complaint contains no request invoking the Court’s powers to declare rights under Fla.Stat. § 86.011....
...That the ad damnum clause still contains requests for relief otherwise recognized under Chapter 86 is not sanctionable. The question as to whether that relief will ultimately be awarded is not before the Court at this time. The offending call for application of Fla.Stat. § 86.011 is absent....
CopyPublished | District Court of Appeal of Florida | 1974 Fla. App. LEXIS 8301
...o the existence or nonexistence of some right, status, privilege, power or immunity, and that he is entitled to have such doubt *380 removed, is properly within the declaratory judgment jurisdiction of the circuit court, as contemplated by Fla.Stat. § 86.011, 6A F.S.A....
CopyPublished | District Court of Appeal of Florida | 1969 Fla. App. LEXIS 5050
...aratory judgment suit. Chapter 86, Fla.Stat., F.S.A., the declaratory judgment statute, contains provisions relating to jurisdiction thereunder which appear to encompass the matter submitted to the court for declaratory judgment in this instance. In Section
86.011 it is stated: “The circuit courts have jurisdiction to declare rights, status and other equitable or legal relations whether or not further relief is or could be claimed.” Section
86.021, entitled “Power to construe, etc.,” pro...
CopyPublished | District Court, S.D. Florida | 2013 WL 6086031, 2013 U.S. Dist. LEXIS 165790
...he Florida Declaratory Judgment Act, to this action. Under the Florida Declaratory Judgment Act, only “[t]he circuit and county courts have jurisdiction ... to declare rights, status, and *1324 other equitable or legal relations.... ” Fla. Stat. § 86.011 ....
CopyPublished | District Court of Appeal of Florida
or not further relief is or could be claimed.” §
86.011, Fla. Stat. (2021). Under the Act, [a]ny
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 4395
...mmunity, power, privilege, or right; or (2) Of any fact upon which the existence or nonexistence of such immunity, power, privilege, or right does or may depend, whether such immunity, power, privilege or right now exists or will arise in the future § 86.011, Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 14164
...We hold it was error to dismiss the Second Count, which sought a declaratory judgment. The defendant company, being authorized to do business in Florida, is subject to an action against it in this state for declaratory judgment. In the Declaratory Judgment Act, Chapter 86, Fla.Stat., F.S.A., by § 86.011 it is provided: “No action or procedure is open to objection on the ground that a declaratory judgment is demanded,” and that the court may render declaratory judgments (affirmative or negative in form or effect) on the existence or non...
CopyPublished | District Court of Appeal of Florida | 1973 Fla. App. LEXIS 8084
...e and benefit of the retirement trust funds received under Chapter 185, Florida Statutes, F.S.A. We now treat the trial court’s order granting a motion to dismiss appellants’ complaint for declaratory relief as a declaratory judgment since under Section 86.011, Florida Statutes, F.S.A....
CopyPublished | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 13437
...We believe an appeal would have been unavailable as would certiorari. Accordingly, neither should be available simply because of the manner in which the allegations were presented and the form of the findings. The parties remain the same, as do the battle lines. BERANEK and DELL, JJ., concur. . § 86.011, Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1972 Fla. App. LEXIS 6782
...Plaintiff-appellants Ray Baillie and others, who are residents and freeholders of *694 the Town of Medley, seek review of a final summary judgment for the defendant-appellee Town and named officials, entered in a class action for declaratory relief under § 86.011 Fla.Stat., F.S.A....
CopyPublished | Florida 2nd District Court of Appeal
...To state a claim for declaratory relief, the party seeking the declaration must show that he is in doubt as to the existence or nonexistence of some right, status, immunity, power, or privilege and that he is entitled to have such doubt removed. May v. Holley ,
59 So.2d 636 , 638-39 (Fla. 1952) ; see also §
86.011, Fla....
CopyPublished | Florida 2nd District Court of Appeal
...the declaration
must show that he is in doubt as to the existence or nonexistence of some right, status,
immunity, power, or privilege and that he is entitled to have such doubt removed. May
v. Holley,
59 So. 2d 636, 638-39 (Fla. 1952); see also §
86.011, Fla....
CopyPublished | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 7198
...The Children filed a petition as “an action for paternity and to determine
parental responsibility, time-sharing, and/or child support under chapter
742, Florida Statutes, or, in the alternative, for a declaratory judgment
establishing maternity pursuant to Florida Statute § 86.011.” (emphasis
added)....
...[i]n the view of
this court, no cause of action exists under Florida law to determine
paternity of a biological mother.”
We determine that the trial court erred in failing to grant the Children
relief pursuant to Chapter 86, Florida Statutes. Section 86.011, Florida
Statutes (2014), states:
The circuit and county courts have jurisdiction within their
respective jurisdictional amounts to declare rights, status, and
other equitable or legal relations whether or not further relief is
or could be claimed....
...whether such immunity, power, privilege, or right now exists
or will arise in the future. Any person seeking a declaratory
judgment may also demand additional, alternative, coercive,
subsequent, or supplemental relief in the same action.
§ 86.011, Fla....
CopyPublished | Florida 3rd District Court of Appeal
...court, that court may not transfer to the civil court of record another count
involving an amount insufficient in itself to invoke the jurisdiction of the circuit
court.”); Milhet Caterers, Inc. v. N. W. Meat, Inc.,
185 So. 2d 196, 197 (Fla.
1
See §
86.011, Fla....
CopyPublished | District Court of Appeal of Florida | 100 L.R.R.M. (BNA) 3148, 1979 Fla. App. LEXIS 14600
...vered by Chapter 447, Florida Statutes (1977). The Attorney General intervened and also filed a motion to dismiss and alleged as grounds, inter alia, lack of standing and failure to sufficiently allege the requirements for declaratory judgment under Section 86.011 et seq., Florida Statutes (1977)....
...e by herself. We, therefore, conclude that in the posture of this case the issue of the constitutionality of Section
447.401, Florida Statutes (1977) is not properly presented and Sherry lacks the requisite interest to bring the instant action under Section
86.011 et seq....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Apr 27, 2023
...This fact pattern—seeking a declaration that no legal relationship
1 This type of action may be able to proceed in only state court unless the
plaintiff can satisfy federal diversity jurisdiction. 28 U.S.C. § 1332(a); FLA STAT.
§ 86.011 (Florida Declaratory Judgment Statute).
USCA11 Case: 22-10250 Document: 81-1 Date Filed: 06/08/2023 Page: 21 of 22
2 ROSENBAUM, J., Concurring 22-10250
between two parties exi...
CopyPublished | Florida 2nd District Court of Appeal
...d by article
V, section 14(c), and section
29.008. Entry of summary judgment on
count II in favor of Pasco County was therefore proper.5
III. Supplemental relief
In count III of its petition the Clerk also sought supplemental relief.
See §
86.011(2), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 9796
provides for election contests, and through section
86.011, Florida Statutes, which provides for declaratory
CopyPublished | Florida 3rd District Court of Appeal
...parties concerning a power, privilege, immunity or right of the plaintiff; the
8
plaintiff's doubt about the existence or non-existence of his rights or
privileges; that he is entitled to have the doubt removed.”); § 86.011, Fla.
Stat....
...be sought at law. Because the Appellant’s counts I and II do not seek a
declaration of rights as between the parties but rather a final judgment of
liability in Appellant’s favor, the trial court correctly dismissed these counts.
Equitable Lien
6
Section 86.011 provides in relevant part as follows:
Jurisdiction of trial court....
CopyPublished | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 14801
...Upon appellee’s motion, the court dismissed the complaint without prejudice to amend. The complaint was amended and again dismissed, this time with prejudice, apparently on the basis that it did not state a *579 cause of action for declaratory judgment. We find that the complaint does state a cause of action. Section 86.011, Florida Statutes (1977), grants broad jurisdiction to the circuit court to render declaratory judgments as to rights, status or other legal relations and as to the facts upon which a privilege or right may exist....
CopyPublished | Florida 3rd District Court of Appeal
....”).
III.
The trial court properly interpreted the Condominium Act and relevant
caselaw in determining the propriety of the Second Amendment and the
relation between the three parcels. See Criterion Ins. Co. v. Amador,
479 So.
2d 300, 300 (Fla. 3d DCA 1985); see also §
86.011, Fla....
CopyPublished | Florida 4th District Court of Appeal | 27 I.E.R. Cas. (BNA) 1739, 2008 Fla. App. LEXIS 10309, 2008 WL 2663742
DAMOORGIAN, J. Lee Ellen Dascott appeals a final summary judgment in which the trial court found that a party who prevails in an action for wrongful termination under section 286.011, Florida Statutes (2002) (the *48 Sunshine Act) is not entitled to monetary damages in the form of employee back pay....
...We affirm because back pay is not one of the remedies available under the Sunshine Act. This appeal follows our decision in Dascott v. Palm Beach County,
877 So.2d 8 (Fla. 4th DCA 2004), in which we held the pre-termination hearing panel and the grievance committee which upheld Ms. Dascott’s termination violated sections 2
86.011(2),(4) of the Sunshine Act....
...ute allowing for such. See Depaola v. Town of Davie,
872 So.2d 377, 381 (Fla. 4th DCA 2004) (did not regard the Sunshine Act but held damages were available as incident to a wrongful termination when seeking a declaratory judgment specifically under section
86.011); see also Port Everglades Auth....
...Similarly, the Sunshine Act does not expressly mention or imply by its terms that monetary damages are available as a remedy. The only remedies available pursuant to the Sunshine Act are a declaration of the wrongful action as void and reasonable attorney’s fees. See § 286.011QM4) Fla....
...In following Johnson , we construe the Sunshine Act to limit the remedies to those specifically enumerated therein. Consequently, Ms. Dascott may not recover the equitable relief of back pay because money damages are not a remedy provided for by the Act. See § 286.011 Fla....
...ctions of any such board, which action was taken in violation of this section, and the court determines that the defendant to such action acted in violation of this section, the court shall assess a reasonable attorney's fee against such agency.... 286.011(4), Fla....
CopyPublished | Florida 2nd District Court of Appeal
...eking the declaration
must show that he is in doubt as to the existence or nonexistence of some right, status,
immunity, power, or privilege and that he is entitled to have such doubt removed. May
v. Holley,
59 So. 2d 636, 638-39 (Fla. 1952); see §
86.011, Fla....
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 1770, 1989 Fla. App. LEXIS 4195, 1989 WL 81653
...r was there any attempt on the part of the Estate to abrogate the agreement, and finally, the release clearly stated that the Estate waived any right it may have had to claim a conflict of interest. The right to use the declaratory judgment statute, section 86.011, Florida Statutes (1987), depends upon whether Caidin can show that he is in doubt as to the existence or nonexistence of a right, status, immunity, power or privilege and that he is entitled to have such doubt removed....
CopyPublished | Florida 1st District Court of Appeal
...or
privileges.” Ready v. Safeway Rock Co.,
24 So. 2d 808, 809 (Fla.
1946). The procedural relief allowed by these provisions is not
specific to one type of defendant or one type of legal dispute, but
certainly has the force of judicial power. See §
86.011, Fla....
CopyPublished | Florida 5th District Court of Appeal | 1996 Fla. App. LEXIS 7470, 1996 WL 387793
PER CURIAM. The sole issue before us is whether the circuit court correctly dismissed the declaratory judgment action for lack of jurisdiction. We reverse and remand with instructions to allow the cause to proceed. See § 86.011, Fla....
CopyPublished | Florida 5th District Court of Appeal
...State Farm never
claimed that its insured had materially breached the policy, never asked for
specific performance from the insured, and never suggested that it was in
doubt of its rights or status under the policy. Likewise, State Farm failed to
allege any jurisdictional amount in controversy. See § 86.011, Fla....
CopyPublished | Florida 5th District Court of Appeal
...State Farm never
claimed that its insured had materially breached the policy, never asked for
specific performance from the insured, and never suggested that it was in
doubt of its rights or status under the policy. Likewise, State Farm failed to
allege any jurisdictional amount in controversy. See § 86.011, Fla....
CopyPublished | Florida 5th District Court of Appeal
...State Farm never
claimed that its insured had materially breached the policy, never asked for
specific performance from the insured, and never suggested that it was in
doubt of its rights or status under the policy. Likewise, State Farm failed to
allege any jurisdictional amount in controversy. See § 86.011, Fla....
CopyPublished | Florida 5th District Court of Appeal
...State Farm never
claimed that its insured had materially breached the policy, never asked for
specific performance from the insured, and never suggested that it was in
doubt of its rights or status under the policy. Likewise, State Farm failed to
allege any jurisdictional amount in controversy. See § 86.011, Fla....
CopyPublished | Supreme Court of Florida
...Obviously, our decision today does not preclude a challenge to a financial
impact statement in circuit or county court, by declaratory judgment action under
current law. However, although we see no reason why this alternative would not
be available under current law, see § 86.011, Fla....
CopyPublished | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 148, 2015 WL 71653
...The declaratory judgment statute provides:
The circuit and county courts have jurisdiction within their
respective jurisdictional amounts to declare rights, status, and
other equitable or legal relations whether or not further relief
is or could be claimed.
§ 86.011, Fla....
CopyPublished | Florida 4th District Court of Appeal | 2017 Fla. App. LEXIS 56
...*897 State,
893 So.2d 706, 707 (Fla. 2d DCA 2005). “The circuit and county courts have jurisdiction within then’ respective jurisdictional amounts to declare rights, status, and other equitable or legal relations whether or not further relief is or could be claimed.” §
86.011, Fla....
CopyPublished | District Court of Appeal of Florida | 1977 Fla. App. LEXIS 15028
failure to make a declaration pursuant to Section 86.-011, Florida Statutes (1975). With the above in
CopyPublished | Florida 1st District Court of Appeal
...The Legislature has not provided a cause of action in the
statute to afford Appellants a judicial remedy in this case.
At oral argument, Appellants contended that they sought
monetary damages as “supplemental relief,” which allowed them
to seek declaratory judgment. Section 86.011(2), Florida Statutes,
explicitly states, “Any person seeking a declaratory judgment may
also demand additional, alternative, coercive, subsequent, or
supplemental relief in the same action.” (emphasis added). We
agree with Appellees that section 86.011 does not authorize a party
to seek as supplemental relief a remedy that it could not otherwise
obtain, where the Legislature declined to provide a private cause
of action....
CopyPublished | Florida 4th District Court of Appeal
...As
an initial matter, and as both parties assert, the trial court’s final judgment
is inadequate. The trial court, pursuant to Florida’s Declaratory Judgment
Act, should have provided both parties with a declaration of their rights to
the dock as they had requested. See § 86.011, Fla....
CopyPublished | Florida 4th District Court of Appeal
...As
an initial matter, and as both parties assert, the trial court’s final judgment
is inadequate. The trial court, pursuant to Florida’s Declaratory Judgment
3
Act, should have provided both parties with a declaration of their rights to
the dock as they had requested. See § 86.011, Fla....
CopyPublished | Florida 2nd District Court of Appeal
...subsection
29.008(2)(a)2 had not been met, it is proper to affirm the final
summary judgment with respect to this count.
14
III. Supplemental relief
In count III of its petition the Clerk also sought supplemental relief.
See §
86.011(2), Fla....
CopyPublished | Florida 2nd District Court of Appeal
...subsection
29.008(2)(a)2 had not been met, it is proper to affirm the final
summary judgment with respect to this count.
14
III. Supplemental relief
In count III of its petition the Clerk also sought supplemental relief.
See §
86.011(2), Fla....
CopyPublished | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 14261
...the compatibility study, which authorizes implementation of the provisions of the report. Based on the above, appel-lees are seeking a declaration of their property rights as affected by the resolution of the Board of County Commissioners. Fla.Stat. § 86.011, on “Jurisdiction of circuit court,” provides: “The circuit courts have jurisdiction to declare rights, status and other equitable or legal relations whether or not further relief is or could be claimed.” Fla.Stat....
...may have determined any question of construction or validity .arising [thereunder] Fla.Stat. §
86.051, on “Enumeration not exclusive,” states: “The enumeration in sections
86.021,
86.031 and
86.041, Florida Statutes, does not limit or restrict the exercise of the general powers conferred in section
86.011, Florida Statutes, in any action where declaratory relief is sought.” Fla.Stat....
CopyPublished | District Court, S.D. Florida | 1989 U.S. Dist. LEXIS 1556, 1989 WL 12472
...The Florida Constitution grants the state’s Circuit Courts with jurisdiction to hear challenges to any state tax. Fla. Const, art. V, § 20(c)(3). Florida courts are also given power to issue declaratory and injunctive relief in tax cases. See FLA. STAT.ANN. §
72.011 (West Supp.1988) and §
86.011 (West 1987)....
CopyPublished | Florida 1st District Court of Appeal | 2001 Fla. App. LEXIS 1316, 2001 WL 120068
...t” Commerce Clause, and the Equal Protection Clause. At oral argument, Appellee asserted that the ap *1125 propriate avenue for Appellant to seek relief is a declaratory action in the circuit court addressing the statute’s constitutionality. See § 86.011, Florida Statutes (1997); Butler v....
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 863, 1990 WL 11818
...er 185 and the recovery of certain monies which it had expended on Perez’s behalf. “The circuit courts have jurisdiction to declare rights, status and other equitable or legal relations whether or not further relief is or could be claimed....” § 86.011, Fla.Stat....
CopyPublished | United States Bankruptcy Court, N.D. Florida
...The Plaintiff pleaded her case against the Defendant as a declaratory action, and not an avoidance action, because, as Plaintiff puts it, "[t]o avoid a lien, there must first be a lien to be avoided." Doc. 7, at 1-2. Declaratory actions under Florida Statutes section 86.011 are not causes of action provided by Chapter 5 of the Bankruptcy Code, but are actions that the Plaintiff bankruptcy trustee may pursue using her status under 11 U.S.C....
CopyPublished | Florida 1st District Court of Appeal
...appeal is filed before rendition of a final order, the appeal shall be
subject to dismissal as premature.”). The order disposes of the
motions for final summary judgment but fails to enter a final
judgment declaring the rights or obligations of the parties. See §
86.011, Fla....
CopyPublished | Florida 2nd District Court of Appeal | 1994 Fla. App. LEXIS 12567, 1994 WL 714400
...urisdiction, to the county court. With confidence that the circuit court will vacate its order of transfer and hear this cause, we withhold issuing the writ of mandamus. 5 Petition granted. RYDER, A.C.J., and PARKER and PATTERSON, JJ., concur. . See § 86.011, Fla.Stat....
CopyPublished | District Court, S.D. Florida | 2012 WL 6644997, 2012 U.S. Dist. LEXIS 180097
...n a foreign country. i. Plaintiff Pleads an Active Controversy and This Court has Jurisdiction Defendant argues that by not invoking either the federal Declaratory Judgment Act, 28 U.S.C. § 2201 , or Florida’s Declaratory Judgment Act, Fla. Stat. § 86.011 , Plaintiff failed to allege that the Court has subject matter jurisdiction over this claim....
CopyPublished | Florida 5th District Court of Appeal | 2016 Fla. App. LEXIS 17899
...ecords and testify regarding those
records is unknown, as Mr. Johnson was never asked the necessary questions to
authenticate the documents during his deposition.
4 S&M filed a post-trial motion for supplemental relief to recover damages. See §
86.011(2), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 17999, 2015 WL 7740380
...To expedite the process, the parties stipulated to
the relevant facts, and the Reales filed a motion for final judgment. On October
30, 2012, the circuit court entered final summary judgment, finding that it had
subject-matter jurisdiction pursuant to section 86.011, Florida Statutes, and Care
Choices HMO v....
...2011) (finding that an MAO did not have a
federal right of action under 42 U.S.C. §§ 1395mm(e)(4) and 1395w-22(a)(4));
Nott v. Aetna U.S. Healthcare, Inc.,
303 F. Supp. 2d 565 (E.D. Pa. 2004) (finding
12 The circuit court’s finding of jurisdiction was based on section
86.011, Florida
Statutes, and Care Choices HMO v....
CopyPublished | Florida 3rd District Court of Appeal
...To expedite the process, the parties stipulated to the relevant
facts, and the Reales filed a motion for final judgment. On October 30, 2012, the
circuit court entered final summary judgment, finding that it had subject-matter
jurisdiction pursuant to section
86.011, Florida Statutes, and Care Choices HMO v.
Engstrom,
330 F.3d 786 (6th Cir....
...18th Ave. Hardware,
Inc., 929 N.Y.S.2d 690 (Sup. Ct. 2011) (finding that an MAO did not have a federal
right of action under 42 U.S.C. §§ 1395mm(e)(4) and 1395w-22(a)(4)); Nott v.
12
The circuit court’s finding of jurisdiction was based on section 86.011, Florida
Statutes, and Care Choices HMO v....
CopyPublished | Florida 3rd District Court of Appeal
...Before MILLER, GORDO and GOODEN, JJ.
PER CURIAM.
Because the trial court did not err when it dismissed the second
amended complaint, we hereby affirm. The second amended complaint
failed to state a cause of action for declaratory relief. See § 86.011, Fla....
CopyPublished | District Court of Appeal of Florida | 1970 Fla. App. LEXIS 6598
...The second paragraph of the motion to dismiss clearly discloses a difference in interpretation of the contract, and the document is hardly a model of draftsmanship. It is clearly unclear, and our declaratory judgment law gives a right to seek interpretation of contracts in the circuit court in such a circumstance. Fla. Stat. § 86.011 , F.S.A....
CopyPublished | Florida 5th District Court of Appeal | 2004 Fla. App. LEXIS 19294, 2004 WL 2922622
...ing from several workers’ compensation claims. The underlying controversy involves a dispute between two law firms regarding the allocation of fees awarded in a workers’ compensation cases based upon theories of contract law and quantum me-ruit. Section 86.011 of the Florida Statutes grants circuit courts the authority to issue declaratory relief: 86.011....
...No action or procedure is open to objection on the ground that a declaratory judgment is demanded. The court’s declaration may be either affirmative or negative in form and effect and such declaration has the force and effect of a final judgment. § 86.011, Fla....
CopyPublished | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 15681
...The trustee is presumed to protect the rights of all of the beneficiaries of a trust and, therefore, we hold that all antagonistic and adverse interests were before the court through the trustee. In May v. Holley the complaint sought a declaratory judgment under F.S.A. §§ 87.01 and 87.02, now §§
86.011 and
86.021, Fla....
...blic facilities maintained by the trustee other than the use of the streets leading by the shortest *714 route to their lots. In this count the appellants ask the court to restrain the trustee from imposing the new assessment on the unimproved lots. Section 86.011, Fla.Stat.1975, provides: “....
CopyPublished | District Court of Appeal of Florida
the county court’s jurisdictional threshold. See §
86.011, Fla. Stat. (2017); Federated Nat’l Ins. Co. v
CopyPublished | Florida 3rd District Court of Appeal
...ent
Counts I through XII are not dismissed, Counts III, VII, and XI should be
dismissed because they are duplicative of Counts I, V, and IX; (3) Count
XIII must be dismissed, arguing, among other things, that (a) seeking
declaratory relief under section 86.011, Florida Statutes, the Respondents
must allege doubt as to the existence of a legal right, and under that
statute, the trial court does not have the authority to make factual findings;
(b) under the public records statutes (Chapter...
CopyPublished | Florida 2nd District Court of Appeal
...except in those rare instances in which advisory opinions are authorized
by the Constitution" (citation omitted)). Chapter 86 confers on Florida
courts the subject matter jurisdiction to adjudicate causes of action
asserting entitlement to declaratory judgments. See § 86.011, Fla....
CopyPublished | District Court, S.D. Florida | 1973 U.S. Dist. LEXIS 12244
...126 ,
72 S.Ct. 157 ,
96 L.Ed. 146 (1951). In any event, it appears that the circuit court properly possessed jurisdiction over the Clarks’ counterclaim in which they sought a declaration that the Florida self-help statutes are unconstitutional. Fla.Stat. §
86.011 (1971), F.S.A....
CopyPublished | Florida 2nd District Court of Appeal | 2004 Fla. App. LEXIS 11826
record before us, this is totally unwarranted. Section
86.011, Florida Statutes (2002), provides, in pertinent
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 8650, 1992 WL 191304
...of Ordinance 88-16. Under the facts presented, we hold that the City had standing to seek this declaratory judgment, because the circuit court is the proper tribunal to determine the constitutionality of ordinances and proposed ordi *1376 nances. 3 § 86.011, Fla.Stat.; see generally, City of Miami v....
CopyPublished | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 12034, 2016 WL 4204469
...and-take jurisdiction over this case. Because the circuit court construed a tax statute within its order, and the complaint sought declaratory relief, the order must have “had the force and effect of a final judgment” under the plain language of section 86.011, according to this argument. We disagree with our colleague for two reasons. First, the'language within section 86.011 upon which the dissent’s argument hinges simply confirms that a circuit' or county court’s final declaration of rights, when it is rendered, can have the force and effect of a final judgment, just like any other kind of civil judgment issued by those courts. Section' 86.011 confers jurisdiction upon our State’s trial courts to' enter judgments that “declare rights, status, and other equitable or legal relations.” 2 The statute does not include a separate ground of jurisdiction for appellate review. Indeed, nothing within section 86.011 purports to craft an independent basis, or enlarge an existing basis, for this court’s appellate jurisdiction....
...J., Concurs in part and dissents in part. . The Department has not argued that the circuit court’s order was a partial final judgment. Neither has FAWD, who, instead, posit that we base our jurisdiction over this order from the general pronouncement in the declaratory judgment statute, section 86.011: "[t]he court’s declaration may be either affirmative or negative in form and effect and such declaration has the force and effect of a final judgment.”- As we -will explain later in this opinion, that statute confers jurisdiction...
CopyPublished | Florida 1st District Court of Appeal
...purpose of the chapter is to give trial courts the authority to
declare “the existence, or nonexistence,” of “any immunity, power,
privilege, or right” or any fact upon which the existence or non-
existence of one of these “right now exists or will arise in the
future.” § 86.011, Fla....
CopyPublished | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 4508, 1993 WL 125162
...Duszik which exceeded the policy limits. Duszik instituted this action by filing a third-party complaint against State Farm seeking a declaratory judgment as to whether State Farm had acted in bad faith during settlement negotiations with Marshall. Section 86.011 of the Florida Statutes (1989) sets forth the breadth of the circuit court’s jurisdiction in declaratory judgment actions: 86.011 Jurisdiction of circuit court.— The circuit courts have jurisdiction to declare rights, status, and other equitable or legal relations whether or not further relief is or could be claimed....
...pend, whether such immunity, power privilege, or right now exists or will arise in the future. Any person seeking a declaratory judgment may also demand additional, alternative, coercive, subse *1380 quent, or supplemental relief in the same action. Section 86.011, Fla.Stat....
CopyPublished | Florida 3rd District Court of Appeal | 1980 Fla. App. LEXIS 15995
...The court below granted the motion to dismiss with prejudice the appellant’s action for declaratory relief. After reviewing the complaint, we hold that appellant’s complaint did state a cause of action and reverse the judgment below. The Declaratory Decree Act, Section 86.011, Florida Statutes (1977), should be liberally construed toward its purpose....
