CopyCited 84 times | Published | Supreme Court of Florida | 1991 WL 94287
...A declaratory judgment is a statutorily created remedy. See ch. 86, Fla. Stat. (1989). 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....
CopyCited 63 times | Published | Supreme Court of Florida | 1978 Fla. LEXIS 4835
...This statement was echoed in Mitchell,
346 So.2d at 568. [10] See, e.g., Sheldon v. Powell,
99 Fla. 782,
128 So. 258 (1930); Trafalgar Developers, Ltd. v. Morley,
305 So.2d 274 (Fla. 3d DCA 1974); Hialeah Race Course, Inc. v. Gulfstream Park Racing Ass'n,
210 So.2d 750 (Fla. 4th DCA 1968). [11] §
86.101, Fla....
CopyCited 61 times | Published | Supreme Court of Florida | 1991 WL 250980
...ratory relief. [5] The purpose of declaratory relief is "to afford relief from insecurity and uncertainty with respect to rights, status, and other equitable or legal relations" and thus the declaratory judgment statute is to be construed liberally. § 86.101, Fla....
CopyCited 52 times | Published | Supreme Court of Florida
...apter is declared to be substantive and remedial. Its purpose is to settle and to afford relief from insecurity and uncertainty with respect to rights, status, and other equitable or legal relations and is to be liberally administered and construed. § 86.101, Fla....
CopyCited 48 times | Published | Supreme Court of Florida | 2004 WL 2201474
...ried as issues of fact are tried in other civil actions in the court in which the proceeding is pending. To settle questions of fact necessary to be determined before judgment can be rendered, the court may direct their submission to a jury.... .... 86.101 Construction of Law....
...he 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....
...statutes. Third, the Legislature clearly contemplated fact-finding in declaratory actions. Section
86.071 expressly provides a mechanism for jury trials when an action under the Act concerns the determination of an issue of fact. Fourth and finally, section
86.101 clearly provides that chapter 86 is to be "liberally administered and construed." We recently stated in Olive v....
...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....
...ion."). Both the majority in this case and other states that have allowed this extension of a declaratory judgment action have done so espousing the principle that declaratory judgment jurisdiction should be liberally construed and administered. See § 86.101, Fla....
CopyCited 40 times | Published | Supreme Court of Florida
...Furthermore, the legislature itself has expressly stated its intent that the declaratory judgment act be liberally construed to settle and afford relief from insecurity and uncertainty with respect to rights, status and other equitable or legal relations. See § 86.101, Fla....
CopyCited 39 times | Published | Florida 1st District Court of Appeal | 1977 Fla. App. LEXIS 16041
...lation made under statutory authority, or by a municipal ordinance, contract, deed, will, franchise, or other written instrument. Section
86.021, Florida Statutes (1975). Chapter 86 is both substantive and remedial, and is to be liberally construed. Section
86.101, Florida Statutes (1975)....
CopyCited 27 times | Published | Supreme Court of Florida
...posed of identical territory. The last issue involves the nature of this proceeding. Article III, § 16(c), Florida Constitution, provides that we are to review the joint resolution of apportionment on a petition for declaratory judgment. Fla. Stat. § 86.101, F.S.A....
CopyCited 17 times | Published | Florida 1st District Court of Appeal | 2000 WL 991017
...The Declaratory Judgments Act is "substantive and remedial," with a purpose "to settle and to afford relief from insecurity and uncertainty with respect to rights, status, and other equitable or legal relations," and the Act is "to be liberally administered and construed." § 86.101, Fla....
CopyCited 16 times | Published | Supreme Court of Florida | 2008 WL 5642083
...The purpose of such an action 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. " Martinez v. Scanlan,
582 So.2d 1167, 1170 (Fla. 1991) (emphasis supplied) (citing §
86.101, Fla....
CopyCited 15 times | Published | Florida 5th District Court of Appeal | 1991 Fla. App. LEXIS 6175, 1991 WL 117041
...1976), the supreme court eliminated punitive damages and mental distress damages for a bad faith refusal to settle, absent dishonesty. The court did not expressly classify an "excess case" as either tort or contract. [1] Vanguard Ins. Co. v. Townsend,
544 So.2d 1153 (Fla. 5th DCA 1989). [2] §
86.101 Fla....
CopyCited 13 times | Published | Florida 3rd District Court of Appeal
...1st DCA 1963), M & E Land Company v. Siegel,
177 So.2d 769 (Fla. 1st DCA 1965). The purpose of the declaratory judgment act is to afford relief from insecurity and uncertainty with respect to rights, status, and other equitable or legal relations, and is to be liberally construed, section
86.101, Florida Statutes (1979); however, the granting of such relief remains discretionary with the court, and not the right of a litigant as a matter of course....
CopyCited 10 times | Published | Florida 1st District Court of Appeal | 2002 WL 31251017
...[footnote omitted] The purpose of declaratory relief *155 is "to afford relief from insecurity and uncertainty with respect to rights, status, and other equitable or legal relations" and thus the declaratory judgment statute is to be construed liberally. § 86.101, Fla....
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 2007 Fla. App. LEXIS 41, 2007 WL 5768
...of Part VII of Chapter 627. In the instant case, it is enough that Lutz has set forth an uncertainty as to the existence of some rights under the insurance contract and an actual dispute with the insurer concerning those rights and obligations. See § 86.101, Fla....
CopyCited 10 times | Published | Florida 3rd District Court of Appeal | 1989 WL 30791
...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. Stat. (1987). That law is to be liberally construed. §
86.101, Fla....
CopyCited 9 times | Published | Florida 3rd District Court of Appeal | 10 Fla. L. Weekly 1206
...th Quayside. The purpose of the declaratory judgment act, ch. 86, Fla. Stat. (1983), is to afford relief from insecurity and uncertainty with respect to rights, status and other equitable or legal relations, and the act is to be liberally construed, § 86.101, Fla....
CopyCited 6 times | Published | Florida 1st District Court of Appeal
...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....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 2008 WL 2387991
...and obtain a declaration of rights, status, or other equitable or legal relations thereunder. The purpose of Chapter 86 is "to settle and to afford relief from insecurity and uncertainty with respect to rights, status, and other equitable or legal relations and is to be liberally administered and construed." § 86.101, Fla....
...Such entity would have to use the administrative process associated with collection efforts to obtain a threshold legal determination. Nothing in Chapter 86 suggests that taxing entities cannot, in a proper case, avail themselves of its provisions. In fact, Chapter 86 is to be liberally administered and construed, § 86.101, Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1991 WL 103437
...We have been cited to no case, and we have found none, where a court has entertained a declaratory judgment action seeking a bad faith determination where the posture of the case is as in the case at bar. Although the declaratory judgment statute is remedial in nature and is to be liberally construed, Section 86.101, Florida Statutes (1989) [2] , one seeking a declaratory judgment must demonstrate "a bona fide, actual, present and practical need for a declaration." May v....
...BARFIELD and ALLEN, JJ., concur. NOTES [1] It is obvious that this is a scrivener's error and that the correct word is "justiciability." [2] Although distinguishable from the case at bar, Kelner v. Woody,
399 So.2d 35 (Fla. 3rd DCA 1981), clearly suggests that Section
86.101 does not give a declaratory judgment plaintiff a "blank check." The purpose of the declaratory judgment act is to afford relief from insecurity and uncertainty with respect to rights, status, and other equitable or legal relations, and is to be liberally construed, section
86.101, Florida Statutes (1979); however, the granting of such relief remains discretionary with the court, and not the right of a litigant as a matter of course....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 297
...atory judgment). Therefore, appellees' arguments below as to the merits of Dent's inquiry were misplaced and the proper issue was his entitlement to a declaration of rights. The declaratory judgment act is to be liberally administered and construed. Section 86.101, Florida Statutes (1983)....
CopyCited 1 times | Published | District Court, M.D. Florida | 2007 U.S. Dist. LEXIS 16597, 2007 WL 779108
...t. (Doc. # 425, p. 1.) II. Count II is brought pursuant to the Florida Declaratory Judgment Act. The Florida Declaratory Judgment Act is substantive law intended to be remedial in nature, and is to be liberally administered and construed. Fla. Stat. § 86.101; Higgins v....
CopyPublished | District Court of Appeal of Florida
is to be liberally administered and construed.” §
86.101, Fla. Stat. (2018). Declaratory relief affords
CopyPublished | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 14261
where declaratory relief is sought.” Fla.Stat. §
86.101, on “Construction of law,” states: “This chapter
CopyPublished | Florida 4th District Court of Appeal
Beach City Clerk. PER CURIAM. Affirmed. See §
86.101, Fla. Stat. (2024) (“This chapter is declared
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 18254
which we are compelled to construe liberally. See §
86.101, Fla.Stat. (1977), and Lambert v. Justus, 335
CopyPublished | District Court of Appeal of Florida | 1970 Fla. App. LEXIS 6598
The law is to be liberally construed. Fla.Stat. §
86.101 (1969), F.S.A. The existence of another remedy
CopyPublished | Florida 1st District Court of Appeal
could have sought a declaratory judgment under section
86.101, Florida Statutes. See, e.g., Chiles v. Phelps
CopyPublished | District Court of Appeal of Florida
declaratory relief from courts as a matter of law. §
86.101, Fla. Stat. (2021). A party that is “in doubt
CopyPublished | District Court of Appeal of Florida
construction or validity arising (thereunder) . . Section
86.101 further provides: “This chapter is declared
