Florida/Georgia Personal Injury & Workers Compensation

...us is given effect. However, since this situation cannot be avoided due to the majority's holding today, aggrieved citizens would do well to remember that this is essentially a declaratory judgment proceeding; therefore, the provisions of Fla. Stat. § 86.061, relating to supplemental relief, should apply....

...The remedy for determining whether the circumstances of a particular case operate to minimize or cancel out the voting strength of racial or political elements of the voting population is by supplemental relief, authorized by the following provision of the Declaratory Judgment Law, Fla. Stat. § 86.061, F.S.A.: "Further relief based on a declaratory judgment may be granted when necessary or proper....

...dgment against a single defendant." 328 S.E.2d at 541. [5] Counsel for plaintiff candidly admitted at oral argument that he is seeking supplemental relief for damages or an injunction against Days Inns, based on the default declaratory judgment. See § 86.061, Fla....

...The effect of the admissions made by the entry of a default is for purposes of the pending action only. [Emphasis added.] H. Trawick, Trawick's Florida Practice and Procedure § 25-4 (1986 ed.) Further relief not contained in the prayer of the complaint can be had pursuant to section 86.061, Florida Statutes (1985), but the application therefor must be made by motion and notice to the defendant in the declaratory relief action via a rule to show cause....

...Blalock, 139 So.2d 726 (Fla. 1st DCA z1962). As the court said in Lasseter: One other statutory avenue of relief was open to the plaintiffs if they wished relief in addition to the declaration of rights — through the following provisions of Section 87.07 [now 86.061, Florida Statutes] Florida Statutes, F.S.A., which reads: "87.07 Supplemental relief....

...or other equitable or legal relations thereunder. See § 86.021. In addition, further relief based on a declaratory judgment may be granted when necessary and proper upon an application by motion to the court having jurisdiction to grant relief. See § 86.061....

...Stone, Clermont, for appellant. Lamar D. Oxford of Dean, Ringers, Morgan & Lawton, P.A., Orlando, for appellee. DAUKSCH, Judge. This is an appeal from an order dismissing a motion for supplemental relief in a declaratory judgment action filed under Section 86.061, Florida Declaratory Judgments Act....

...1174 and is not necessary or proper to the ultimate disposition of this cause. We therefore modify the final decree by striking therefrom the above-quoted portion, and affirm the remainder of the decree. Id. at 867 (emphasis added). ILA asserts that section 86.061, Florida Statutes (1991), the supplemental relief section of the Declaratory Judgment Act, authorizes the trial court's assertion of continuing jurisdiction....

...[6] Indeed, except for the absence of an express prayer for a declaratory judgment, the compaint herein may well be in substance just such an action, with the prayer for specific performance being one for supplemental relief as contemplated by F.S. § 86.061, F.S.A....

...damages even though lessee did not specifically ask for damages in the declaratory action. Lessee requested general relief and the trial court may grant such relief including general damages. Thomas v. Cilbe, Inc., 104 So.2d 397 (Fla. 2d DCA 1958); § 86.061, Fla....

...The application therefor shall be by motion to the court having jurisdiction to grant relief. If the application is sufficient, the court shall require any adverse party whose rights have been adjudicated by the declaratory judgment to show cause on reasonable notice, why further relief should not be granted forthwith. § 86.061, Fla....

...The Nemours Foundation did not join in the filing of the supplemental petition so it too was realigned as a party defendant. Predicated upon the petition, the trial court entered an ex parte order stating that the allegations of the petition were sufficient under § 86.061, Fla....

...is order, the petition filed by the trustees (all except Mills) "is a petition for supplemental relief based on a declaratory judgment heretofore entered herein and that as such it is filed in accordance with the provisions and permission granted in § 86.061 of the Florida Declaratory Judgments Act." The trial court further concluded: "......

...[T]hat as permitted by the provisions of section 86.101, that the petition appropriately seeks to obtain relief from insecurity and uncertainty with respect to the rights, status and legal relations of the petitioners as trustees of the Alfred I. duPont Testamentary Trust." § 86.061, Fla....

...urther definition or instructions to implement the construction and instructions contained herein." While this proceeding could have been brought as a new action, petitioners had the option to bring it as an application for supplemental relief under § 86.061, Fla....

...resolved, after concluding irreparable harm from risk of conflicting decisions). In this case, the plaintiff class is seeking damages and “any other relief the Court deems proper and just” for violation of FDUTPA, as well as, “supplemental relief that may be appropriate under Section 86.061, Fla. Stat.” FDUTPA allows for injunctive relief, and injunctive relief is also appropriate under section 86.061....

authorized by the declaratory judgment law in section 86.061, Florida Statutes (1971). In re Apportionment

...r delegation of judicial function, and some of the documents at issue may be shielded from discovery, the petition for writ of certiorari is granted. Jo Carol Kendrick, plaintiff in the underlying class action suit for declaratory relief pursuant to Section 86.061 Florida Statutes (1999), is seeking to represent all State Farm insureds in Florida involved in auto collisions allegedly entitled to "uncompensated property losses." [1] On April 11, 2000 the plaintiff noticed the deposition of Griff...

...1973, 285 So.2d 593. Upon remand, the circuit court entered its order dismissing plaintiff's complaint with prejudice and retaining jurisdiction in the cause for the purpose of considering any motion for supplemental relief filed by defendants pursuant to § 86.061, Fla....

...s' lien should not be granted. The retention of jurisdiction by the circuit court in the case at bar simply provides an opportunity for the defendant-appellees to seek supplemental relief, if they so desire, by filing a petition therefor pursuant to § 86.061, Fla....

...This court reviews for an abuse of discretion the trial court's denial of supplemental and equitable relief. See Friendship Park Prop. Corp. v. Shaw, 505 So.2d 456, 457 (Fla. 1st DCA 1987). Further relief based on a declaratory judgment may be granted when necessary or proper. § 86.061, Fla....

...onment Law, Senate Joint Resolution No. 1305, 263 So.2d 797 (Fla. 1972), and have retained jurisdiction to hear particular complaints about the application of the apportionment plan pursuant to Fla. Const., art. III, § 16(c), F.S.A., and Fla. Stat. § 86.061, F.S.A....

...3d DCA 1967); Fountainebleau Hotel Corporation v. Postol, 142 So.2d 299 (Fla. 3d DCA 1962). Moreover, the trial court, whenever necessary or proper, has the authority to consider and grant incidental or supplemental relief pursuant to a declaratory decree. § 86.061, Fla....

...te. Such relief contemplates an additional adjudication with reasonable notice to the adversary and a right to show cause why further relief should not be granted. This relief may be that which is necessary to make effective the judgment. F.S. 1967, Section 86.061, F.S.A.; Thomas v....

...Supplemental relief based upon a declaratory decree is properly granted only after application for such relief by petition with reasonable notice and opportunity for hearing accorded to the adverse party. Garden Suburbs Golf & Country Club, Inc. v. Pruitt, 156 Fla. 825 , 24 So.2d 898 (1946); § 86.061 Fla.Stat....

...It did not plead for termination for default damages under its breach of contract counts. Although it could have been awarded these damages as part of its request for declaratory judgment, Hi-Shear neither pled for these damages nor sought supplemental relief pursuant to section 86.061, Florida Statutes (2000)....

...Relief requested Although not raised by Tara Woods on appeal, we must note that the circuit court’s final and supplemental final judgments grant relief not requested by Ms. Cashin — the right to rescind her Lifetime Lease. Nothing in our record indicates that a motion for supplemental relief was filed. See § 86.061, Fla....

...In Villagio Di Las Olas, Inc. v. Louie's Oyster, Inc., 856 So.2d 1009 (Fla. 4th DCA 2003) (" Louie II"), this Court affirmed the trial court's finding that no fraud had been committed by Louie's in connection with the declaratory judgment affirmed in Louie I. *902 Pursuant to section 86.061, Florida Statutes, Louie's then sought damages to recover the money it lost as a result of the landlord's denial of access to the full leasehold premises....

...No appeal was taken from that dismissal. In January 2000, appellants filed a separate suit against Daniels alleging slander of title. At or about the same time, Daniels filed a motion, in the original case, seeking supplemental relief pursuant to Florida Statute 86.061, [5] and requested an order to show cause....

...The application therefor shall be by motion to the court having jurisdiction to grant relief. If the application is sufficient, the court shall require any adverse party whose rights have been adjudicated by the declaratory judgment to show cause on reasonable notice, why further relief should not be granted forthwith. § 86.061, Fla....

...Whether a particular form of relief is obtainable as supplemental relief is an issue of law, reviewed de novo. Brown v. City of Vero Beach, 64 So.3d 172, 174 (Fla. 4th DCA 2011) (the standard of review on a trial court’s ruling regarding whether a complaint states a cause of action is de novo). Section 86.061, Florida Statutes (1967), permits a court to grant supplemental relief following entry of a declaratory judgment when such relief is “necessary or proper.” Port Everglades Auth....

...ent and directing them to attempt amicable resolution of their differences. We affirm. After careful consideration of each of the arguments asserted and the authorities cited by the parties, we find as follows: The trial court had jurisdiction under Section 86.061, Florida Statutes to adjudicate the request for injunctive relief; the record contains an evidentiary foundation to support the injunction; Talquin’s motion was adequately pled; and the appealed order is sufficiently specific....

...Sabow pursuant to the independent contractor agreement, a matter about which the parties were uncertain and in disagreement. The supplemental final judgment awards monetary relief on Count III against Boulder Venture—again, not against the Schmidts—pursuant to the declaratory judgment statute. See § 86.061, Fla....

...3d 58, 60 (Fla. 2d DCA 2020). Because the action below was a declaratory action, the trial court correctly determined that the charter schools could properly seek supplemental relief in the form of monetary damages once their rights were adjudicated. See § 86.061, Fla....

...ested with broad discretion in handling or directing the course of the cause of action thereafter. The trial court also had discretion to provide supplemental relief in the declaratory suit pursuant to Chapter 86, Florida Statutes, which provides in section 86.061 that supplemental relief based on a declaratory judgment may be granted if necessary or proper....

supplemental relief pursuant to a declaratory decree. § 86.-061, Fla.Stat. (1979). A trial court, therefore, has

...Because the trial court erred in failing to grant summary judgment in favor of the Clerk on count I, it likewise erred in granting summary judgment in favor of Pasco County on count III to the extent that count III sought supplemental relief related to count I. IV. Conclusion 6 We note that section 86.061 directs that "[t]he application [for further relief based on a declaratory judgment] shall be by motion to the court having jurisdiction to grant relief." Here, the Clerk did not seek supplemental relief by motion but rather included a claim for supplemental relief in her petition for declaratory relief....

...On appeal, Pasco County does not contend that the Clerk erred in seeking supplemental relief by petition rather than by motion, nor do we believe that she did. See, e.g., Mac Assocs. v. LaMontagne, 556 So. 2d 460, 461 (Fla. 2d DCA 1990) (relying on the 1987 version of section 86.061, which mirrors the 2021 version of the statute, when stating that supplemental relief should be sought by petition)....

...We have already determined that the Apportionment Law is valid on its face (In Re Apportionment Law, Senate Joint Resolution 1305, 263 So.2d 797 (Fla.1972), and retain jurisdiction to hear this petition pursuant to Fla.Const., art. III, § 16(c), F.S.A., and Fla.Stat. § 86.061, F.S.A....

to Fla.Const., art. 3, (16)(c) F.S.A., and Fla.Stat. 86.061, F.S.A. We have sole jurisdiction to hear

...Once a declaratory judgment is entered in favor of the party seeking declaratory relief, that party's request for supplemental relief becomes ripe for determination. See McAllister v. Breakers Seville Ass'n, 41 So. 3d 405, 408 (Fla. 4th DCA 2010). Because the trial court erred in 6 We note that section 86.061 directs that "[t]he application [for further relief based on a declaratory judgment] shall be by motion to the court having jurisdiction to grant relief." Here, the Clerk did not seek supplemental relief by motion but rather included a claim for supplemental relief in her petition for declaratory relief....

...On appeal, Pasco County does not contend that the Clerk erred in seeking supplemental relief by petition rather than by motion, nor do we believe that she did. See, e.g., Mac Assocs. v. LaMontagne, 556 So. 2d 460, 461 (Fla. 2d DCA 1990) (relying on the 1987 version of section 86.061, which mirrors the 2021 version of the statute, when stating that supplemental relief should be sought by petition)....

...Once a declaratory judgment is entered in favor of the party seeking declaratory relief, that party's request for supplemental relief becomes ripe for determination. See McAllister v. Breakers Seville Ass'n, 41 So. 3d 405, 408 (Fla. 4th DCA 2010). Because the trial court erred in 6 We note that section 86.061 directs that "[t]he application [for further relief based on a declaratory judgment] shall be by motion to the court having jurisdiction to grant relief." Here, the Clerk did not seek supplemental relief by motion but rather included a claim for supplemental relief in her petition for declaratory relief....

...On appeal, Pasco County does not contend that the Clerk erred in seeking supplemental relief by petition rather than by motion, nor do we believe that she did. See, e.g., Mac Assocs. v. LaMontagne, 556 So. 2d 460, 461 (Fla. 2d DCA 1990) (relying on the 1987 version of section 86.061, which mirrors the 2021 version of the statute, when stating that supplemental relief should be sought by petition)....

...However, Leon County learned that during the six year interim these proceeds had been invested by the State Treasurer, with the earned interest being transferred to the state’s General Revenue Fund. Leon County and the Board then pursued supplemental relief under section 86.061, Florida Statutes, seeking recovery of the accrued interest....

...contained in that order. The City and the various councilmen assert that the trial court erred in (1) not quashing the petition and discharging the rule to show cause; (2) in construing the petition and rule as a motion for supplemental relief under § 86.061, Fla.Stat., F....

...ph (e) of the challenged order provided: “(e) As to all other relief requested by the rule to show cause and the petition therefor this court will treat and construe the same as a motion and rule to show cause for supplemental relief under Chapter 86.061 of the Florida Statutes for the implementation and enforcement of the injunction entered herein on July 31, 1953.” Section 86.061, Fla.Stat., F.S.A....

...Regarding the City’s second point on cross-appeal, we hold that any error the court committed when it struck its provision reserving jurisdiction in the proposed final judgment for supplemental relief, is harmless. Appropriate supplemental relief under section 86.061, Florida Statutes, may be sought notwithstanding a lack of express reservation of jurisdiction in the final declaratory judgment....

declaration of rights may be obtained by motion, see § 86.061, importantly, a future request for relief other

PER CURIAM. Affirmed. See: Thomas v. Cilbe, Inc., Fla.App.1958, 104 So.2d 397 ; South Dade Farms, Inc. v. Peters, Fla.1958, 107 So.2d 30 ; § 86.061, Fla.Stat.

...aim for a declaratory judgment with a request for supplemental relief. Both the federal and Florida declaratory judgment acts expressly allow a plaintiff to request further relief based on a declaratory judgment. See 28 U.S.C. § 2202; Fla. Stat. § 86.061....

...Spencer alleges, Mr. Gonzalez deprived him of visitation with his children for over a year under color of state law in violation of federal constitutional rights, the question of entitlement to compensatory damages under 42 U.S.C. § 1983 is not moot. See § 86.061, Fla....