Florida/Georgia Personal Injury & Workers Compensation

...The purpose of the declaratory judgment statute is to afford relief from insecurity and uncertainty with respect to rights, status, and other equitable or legal relations, and it should be liberally construed. § 86.101, Fla. Stat. (1989). Individuals may challenge the validity of a statute in a declaratory action. § 86.021, Fla....

...*1174 Moreover, because any unconstitutionality of these provisions would not render chapter 90-201 unconstitutional in its entirety, the trial court had no jurisdiction to consider their validity individually under the declaratory judgment act and erred in doing so. Section 86.021 states in pertinent part: Any person claiming to be interested or who may be in doubt about his rights under a deed, will, contract, or other article, memorandum, or instrument in writing or whose rights, status, or other equitable or legal relations are affected by a statute ......

...However, chapter 86, Florida Statutes (Declaratory Judgments), grants to circuit and county courts the jurisdiction to interpret statutes, county or municipal charters, ordinances, contracts, deeds, wills, franchises, or other articles, memoranda, or instruments in writing. See § 86.021, Fla....

...y, 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. ... 86.021 Power to construe....

...may have determined any question of construction or validity arising under such ... contract ... 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....

...r was obligated to defend a pending suit against and indemnify a driver who the insurer asserted did not have the knowledge and consent of the vehicle's owner when the relevant accident occurred. The Court quoted that portion of the Act now found in section 86.021 and held: There must be some doubt as to the proper interpretation of the written contract or as to the existence or non-existence of some right, status, immunity, power or privilege under the written contract, and that a construction...

...y, power, privilege or right does or may depend, whether such immunity, power, privilege, or right now exists or will arise in the future" (emphasis 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...

...011, determine `the existence or nonexistence' of a `fact [to wit: whether the shooting was intentional] upon which the existence or nonexistence of ... immunity [lack of coverage] ... does or may depend.'" Conde, 595 So.2d at 1007. Second, although section 86.021, upon which Columbia Casualty exclusively relies, grants to 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....

...s 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....

...Conde, 595 So.2d at 1006-07 (footnote omitted) (alterations in original). In a footnote to this analysis, the Fifth District added: In Columbia Casualty Co. v. Zimmerman, 62 So.2d 338 (Fla.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....

...a deed, will, contract or other written instrument or are in doubt whether certain rights are affected by statute, regulation made under statutory authority, or by a municipal ordinance, contract, deed, will, franchise, or other written instrument. Section 86.021, Florida Statutes (1975)....

...We have jurisdiction of the appeal pursuant to Article V, Section 3(b)(1), Florida Constitution, in that the trial court declared unconstitutional Subsection 20.315(6), Florida Statutes, which was enacted by Chapter 75-49, Laws of Florida. [1] Appellees brought suit under the Declaratory Judgment Act, Section 86.021, Florida Statutes, to have declared unconstitutional those portions of Chapter 75-49, Laws of Florida, which transfer non-quasi-judicial powers from the Parole and Probation Commission to the Department of Offender Rehabilitation....

...s 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....

...If, however, the cause of action against Conde is limited to the uninsured intentional act, he is entitled to neither indemnity nor defense. [4] In Columbia Cas. Co. v. Zimmerman, 62 So.2d 338 (Fla. 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....

...Salit v. Ruden, McClosky, Smith, Schuster & Russell, P.A., 742 So.2d 381, 383 (Fla. 4th DCA 1999). To be entitled to declaratory relief, a party must show he is in doubt as to some right or status and that he is entitled to have such doubt removed. § 86.021, Fla....

...it-court jurisdiction pursuant to Article V, section 20(c)(3), of the Florida Constitution, and section 26.012, Florida Statutes (1997), both of which address "cases involving legality of any tax assessment or toll"; and pursuant to sections 86.011, 86.021, and 86.061, Florida Statutes (1997), the Declaratory Judgments Act....

...ertainty with respect to rights, status, and other equitable or legal relations," and the Act is "to be liberally administered and construed." § 86.101, Fla. Stat. (1997). Individuals can challenge the validity of a statute in a declaratory action. § 86.021, Fla....

...If the proceeding is one to review administrative action, the district court of appeal is the proper forum. If, however, as here, the proceeding is not one to review administrative action, but rather is one to obtain a declaration of rights or status under "any regulation made under statutory authority," Section 86.021, Florida Statutes (1975), jurisdiction lies in the circuit courts pursuant to Sections 86.011-.111, Florida Statutes (1975)....

...resolve this dispute. Tindall's theory is that the trial court has no authority to enter a declaratory judgment in a case such as this, which, he argues, involves a resolution of factual matters rather than mere ambiguity in the insurance contract. Section 86.021, Florida Statutes, provides: Any person claiming to be interested or who may be in doubt about his rights under a deed, will, contract or other article, memorandum, or instrument in writing or whose rights, status, or other equitable o...

...3d DCA 1975). We have determined from our examination of Allstate's complaint that it fulfilled the elements necessary to the award of declaratory relief and that the trial court properly granted it a summary declaratory judgment *1293 pursuant to section 86.021, Florida Statutes....

...ay be entitled to declaratory relief against Days Inns if, and only if, plaintiff established a breach of the contract with Transcall. Days Inns could be considered a necessary party to afford plaintiff complete relief. See Fla. R. Civ. P. 1.210(a); § 86.021, 86.091, Fla....

...event any further erosion of the "public park purposes only" deed restriction. Florida's declaratory judgment statute gives courts of this state jurisdiction to declare the rights of parties when there is a dispute over the interpretation of a deed. § 86.021, Fla....

...The instant case, by contrast, presents nothing so simple as an "hourly rate" dispute; rather, an allegedly complicated and unobtainable master charge list containing hundreds of items is at issue. Payne's count for declaratory judgment states a cause of action as well. Section 86.021, Florida Statutes (1991), provides: Any person claiming to be interested or who may be in doubt about his rights under a deed, will, contract or other article, memorandum, or instrument in writing or whose rights, status, or other equi...

...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. Castellano. In accordance with section 86.021, Florida Statutes (1991), "X" Corporation has alleged that it is in doubt as to its rights, status, or legal relations arising under a statute, section 760.50....

...ight; 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. (2000). Section 86.021, Florida Statutes (2000), further instructs: Any person claiming to be interested or who may be in doubt about his or her rights under a ......

...See § 86.011. More specifically, any party who may be in doubt about his rights under a deed, as is Mobil, may have determined any question under such deed and obtain a declaration of rights, status or other equitable or legal relations thereunder. See § 86.021....

...Sunbeam Television Corporation, 413 So.2d 51 (1982), and held to the contrary. A party whose complaint has been dismissed for failure to state a cause of action with leave to amend has the option of amending or awaiting entry of an appealable order if he wishes to challenge the correctness of the dismissal. [2] Section 86.021, Florida Statutes (1979) provides: Any person in doubt about his rights under a ......

...ding the law to be a violation of the constitution's single-subject requirement. In addressing the state's argument that the court lacked subject-matter jurisdiction to render a declaration of the plaintiffs' rights under chapter 99-225, pursuant to section 86.021, Florida Statutes (1999), for the reason that no controversy exists between the parties, the court responded that declaratory relief was appropriate under the "ripening seeds of controversy" theory....

...5 (Fla. 1978)." Rice at 849. If chapter 86 and section 120.73 are given their plain meaning, there can be no doubt that the Sullivans, or any other similarly situated persons, have the right to obtain a declaratory judgment under the circumstances here. Section 86.021 provides that "[a]ny person ......

...Palm Beach County Canvassing Bd., 772 So.2d 1240, 1242 (Fla. 2000)). Accordingly, the trial court did not err in dismissing Merkle's account stated claims. Merkle's last argument is that the trial court erred in dismissing its claim for declaratory relief pursuant to section 86.021, Florida Statutes (2005), to clarify its rights, and those of the putative class, under section 641.513(5)....

...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....

...denied, 799 So.2d 218 (Fla.2001), this court specifically stated that the legislature, through section 790.33, has indeed expressly preempted the entire field of firearm and ammunition regulation. Authority for the state courts to render declaratory judgments regarding municipal ordinances may be found in section 86.021, Florida Statutes (2000): "Any person ......

...As such, the appellant was entitled to have a declaratory determination of the power by which the tax collector charged the title search fee. Both the validity of statutes and the validity of administrative regulations are proper subjects for declaratory decrees. See § 86.021, Fla....

...Thus, we have confined our review to the allegations of the complaint and the trial court's order of dismissal. Because the question of whether a complaint states a cause of action is one of law, the standard of review is de novo. See id. The declaratory judgment statute, section 86.021, provides: Any person claiming to be interested or who may be in doubt about his or her rights under a deed, will, contract, or other article, memorandum, or instrument in writing or whose rights, status, or other equitable or legal re...

...§ 636(b)(1). DONE AND SUBMITTED in Chambers at Miami, Florida, this 10th day of October, 2008. NOTES [1] The complaint is technically based only on Chapter 86, Florida Statutes, which is the state's version of the Declaratory Judgments Act. See Fla. Stat. § 86.021....

...The appellant has alleged in her complaint doubts as to the validity of the note and mortgage, and this court has held that the determination of the validity of a note and mortgage is a proper matter to be considered in a declaratory decree action. Rice v. Fremow, 165 So.2d 447 (Fla. 2d DCA 1964); see also § 86.021, Fla....

declaratory and injunc-tive relief pursuant to section 86.021, Florida Statutes (2009),3 seeking to end the

28 U.S.C. section 2201 and Florida Statute section 86.021 (Count VII) (see id. ¶¶ 111-12). Plaintiffs

...However, the City has now taken the position that South Riverwalk's site plan application is not pending and no longer exists as an active application. In order to determine the status of their site plan application, plaintiffs filed this action for declaratory relief. Section 86.021, Florida Statutes (2003), provides that Any person ......

...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. Stat. (2007). As stated in section 86.021, Florida Statutes, entitled "Power to construe": Any person claiming to be interested or who may be in doubt about his or her rights ......

...claratory judgment proceeding to dispel a legitimate doubt as to its "rights, status or other equitable or legal relations" under a statute or ordinance governing taxation where administrative remedies associated with collection of such taxes exist. § 86.021, Fla....

...validity and enforceability of plaintiffs' demand for title to the Recreation Area. As this court stated in City of Pinellas Park v. Matthews, 355 So.2d 475, 476 (Fla. 2d DCA 1978): As authority for a suit for declaratory judgment concerning a deed, Section 86.021, Florida Statutes (1975), states that "[a]ny person claiming to be interested or who may be in doubt about his rights under a deed ......

...er this statute he must claim some rights under the deed which he seeks to have construed. In this case, while the deed in question may affect property in which the appellees have an interest, they are claiming no rights under that deed. Inasmuch as section 86.021 has not subsequently been amended, Matthews and Bowden v....

...4th, 1968, 212 So.2d 110. In the face of these decisions, the trial court was eminently correct in dismissing the complaint. The propriety of using the declaratory judgment procedure was not passed upon in Sinclair and Batman. Hence, we have no alternative but to affirm." Section 86.021, Florida Statutes, provides: "Power to construe, etc....

...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. Stat., F.S.A. Further it is provided in section 86.021 that any person who is in doubt about his rights under a deed, will, contract or other article or written instrument "or whose rights, status or other equitable or legal relations are affected by a statute, or any regulation under stat...

...dult entertainment license applicant, it argues that an *210 original action brought in the circuit court seeking a declaratory judgment under chapter 86, Florida Statutes, provides judicial review sufficient to pass constitutional muster. We agree. Section 86.021, Florida Statutes (2004), provides in part: Any person claiming to be interested or who may be in doubt about his or her rights under ......

...A court shall lose jurisdiction of a case when the taxpayer has failed to comply with the requirements of subsection (5). (emphasis supplied) [2] Fla. Dept. of Rev. v. Canaveral Port Authority, 642 So.2d 1097 (Fla. 5th DCA 1994), approved, 690 So.2d 1226 (Fla.1996). [3] See generally § 86.021, Fla....

...suggested by Town of Micanopy v. Connell, 304 So.2d 478 (Fla. 1st DCA 1974). We answer appellant's first question affirmatively. The validity of a municipal ordinance may be tested in an action for declaratory relief. The statute itself so provides. § 86.021 Fla. Stat. (1979). And see Keay v. City of Coral Gables, 236 So.2d 133 (Fla. 3rd DCA 1970). Because of the resolution we now undertake of appellant's second question we need not reach the question posed by appellee. Section 86.021, Florida Statutes (1979), under which appellant seeks a remedy, provides, in pertinent part, as follows: Any person claiming to be interested or who may be in doubt about his rights under a deed ......

...as in error in concluding that the complaint failed to state a cause for relief by declaratory judgment. The matter presented by GEICO's complaint was within the scope and purpose of the declaratory judgment act, Chapter 86, Florida Statutes (1977). Section 86.021 of said Chapter 86 provides, among other things, that any person whose rights, status or other equitable or legal relations are affected by a contract or other instrument in writing may have determined any question of construction or v...

...y and because the Development Agreement does not violate the U.S. or Florida Constitutions." We will address each count separately. Count 2 is a declaratory judgment action, which is governed by the provisions of chapter 86, Florida Statutes (1999). Section 86.021, which addresses standing to seek a declaratory judgment, contains no requirement that a special injury be established....

...s property interest in continued employment and alleging that the Board has consistently denied to similarly situated teachers due process rights without which Armstrong cannot properly defend himself. [2] As a predicate for declaratory relief under § 86.021, F.S....

...ia Cohen to Marsha Cohen in July 1986 was valid. The trial court determined that the allegations set forth in the complaint failed to demonstrate that Mr. Messett possessed standing to challenge the validity of the deed. The trial court was correct. Section 86.021 of the Florida Statutes (1997) pertains to actions filed for declaratory relief relating to a deed: 86.021 Power to construe.— Any person claiming to be interested or who may be in doubt about his rights under a deed ......

...or whose rights, status, or other equitable or legal relations are affected by a ... deed ... may have determined any question or construction or validity arising under such ... deed... and obtain a declaration of rights, status or other equitable or legal relations thereunder. § 86.021, Fla.Sta....

...11C-8.001 appear to give Mr. Cochrane an administrative remedy for this problem. If that is not an adequate solution, he has legitimate and *1225 genuine reasons to be in doubt about his rights and thus might seek a declaratory judgment pursuant to section 86.021, Florida Statutes (2007), against the clerk of court or other appropriate agency....

...ional jurisdiction, particularly when it's alleged that the law enforcement agencies refused to take cognizance of the alleged threatened *1190 criminal action."). Appellant also has standing to seek declaratory relief as set forth in the complaint. Section 86.021, Florida Statutes (1989)....

...What is at stake is the proper interpretation to be placed on the ordinance, a matter of statutory construction and therefore, a matter for the courts. There can be no question that an action for declaratory relief is the appropriate method for questioning the interpretation of a municipal ordinance. § 86.021, Fla....

to invoke the trial court’s jurisdiction under § 86.021, Florida Statutes (1985).1 We affirm the dismissal

jurisdiction to grant declaratory relief under Section 86.021, Florida Statutes (1979). See Ready v. Safeway

...under a . . . contract . . . 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....

...thermel the amended statute may apply to pending cases and requires the dismissal of such appeals. In reaching this conclusion we note that many aggrieved prisoners may now be able to pursue a declaratory judgment under chapter 86, Florida Statutes. Section 86.021, Florida Statutes, expressly authorizes such a remedy with regard to "any regulation made under statutory authority," and section 86.051, Florida Statutes, further provides that the court's general power to grant declaratory relief doe...

for declaratory judgment concerning a deed, Section 86.021, Florida Statutes (1975), states that “[a]ny

in which it finds itself in the case at bar. Section 86.021 states that a circuit court may render a declaratory

not further relief is or could be claimed.” Section 86.021, entitled “Power to construe, etc.,” provides:

the Florida Declaratory Judgment Act, Fla. Stat. § 86.021, and with respect to the odd-numbered claims,

determined any question of construction or validity. § 86.021, Fla. Stat. Permissible actions include those

proper matter for declaratory relief under Section 86.021, Florida Statutes, and the cause is properly

now exists or will arise in the future. * * * In § 86.021 it is provided that any person who is in doubt

...y municipal ordinance . . . may have determined any question of construction or validity arising under such statute, regulation, municipal ordinance . . . and obtain a declaration of rights, status, or other equitable or legal relations thereunder." § 86.021, Fla....

affirmed. JOHNSON and SPECTOR, JJ., concur. . F.S. § 86.021, F.S.A. “Any person claiming to be interested

000, the question is “academic.” I disagree. Section 86.021, Florida Statutes (1985), Declaratory Judgments

” Dickson, supra, at 60. As relevant here, section 86.021, Florida Statues, provides: Any person

upon which a privilege or right may exist. Section 86.021 provides for a declaration of rights under

preneed contracts; (IV) declaratory relief under section 86.021, Florida Statutes, seeking a declaration as

other equitable or legal relations thereunder. § 86.021, Fla. Stat. (2008). We are aware of the broad

below should have been heard, particularly Section 86.021. As revealed by the complaint, there is doubt

other equitable or legal relations thereunder.” § 86.021, Fla. Stat. (2018). However, the Florida Supreme

other equitable or legal relations thereunder. § 86.021, Fla. Stat. (2015). Judge Altenbernd once suggested

Ct. 876, 94 L.Ed. 1194 (1950)). Similarly, Section 86.021, Florida Statutes, permits Florida’s courts

other equitable or legal relations thereunder. § 86.021, Fla.Stat. (1983). The Florida Supreme Court in

other equitable or legal relations thereunder. § 86.021, Fla. Stat. (2005). The statutes also allow a

further relief is or could be claimed.” Fla.Stat. § 86.021, on “Power to construe, etc.,” provides: “Any

425-26 (Fla. 2d DCA 1961); see also § 86.021, Fla. Stat. (2014). Likewise, it may have been

...An illegal contract does not become legal merely because it provides a means for the parties to rescind. Sunlink's declaratory judgment action was the appropriate remedy for obtaining a determination of rights or status under a restrictive covenant. Lambert v. Justus, 335 So.2d 818 (Fla. 1976); § 86.021, Fla....

...emedies. Sunlink's declaratory judgment action was timely, and the declaratory judgment procedure is the appropriate remedy for obtaining a determination of rights or status under a restrictive covenant. Lambert v. Justus, 335 So.2d 818 (Fla. 1976); § 86.021, Fla....

other equitable or legal relations thereunder.” § 86.021, Fla.Stat. (1987). The action at issue here, clearly

where the alleged violation occurred.” . Section 86,021 states: "Any person claiming to be interested

seek a declaration of rights. We disagree. Section 86.021, Florida Statutes (1981) states, in pertinent

susceptibility to respond to a declaratory action. See § 86.021, Fla.Stat. (1977), and Government Employees Insurance

...See §§ 95.11(2)(b) and (3)(f), Fla. Stat. Therefore, I cannot envision that a declaration of the proper calculations of fees for services rendered in 2004 and 2005 serves any useful purpose, because the class's rights are no longer affected by a dispute, see § 86.021, Fla....

equitable or legal relations thereunder.” § 86.021, Fla. Stat. The Local Boards allege that the

the enforceability of one of its own laws (section 86.021 plainly allows “any person” to sue for such

ordinance setting out the terms of the franchise. Section 86.021, Florida Statutes, provides for a declaration

status, or other equitable or legal relations.” § 86.021 (emphasis added). Further, while supplemental

other equitable or legal relations thereunder.” § 86.021, Fla. Stat. This use of chapter 86 in the retrospective

...Bland's consent. TDC's position is that it could maintain an action for declaratory relief because there is a clear justiciable controversy, as TDC wanted to settle the case in accordance with the subject insurance policy over Dr. Bland's objection. Section 86.021, Florida Statutes (2000), states: Any person claiming to be interested or who may be in doubt about his or her rights under ......

conferred by Chapter 86, Florida Statutes, Section 86.021, which provides: “Any person claiming to be