Florida/Georgia Personal Injury & Workers Compensation

...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). A declaratory judgment action will not be dismissed on the ground that there is another adequate remedy. Section 86.111, Florida Statutes (1975)....

...nt that quieted title. In an action for declaratory relief, the court has the power to afford as full and complete equitable relief as it would have had if such proceeding had been instituted as an equitable action, such as a quiet title action. See § 86.111, Fla....

...Sub judice, the lease agreements are quite explicit, and the only existing issue — whether appellees are in breach of the agreement — is factual in nature and properly determinable in an action at law. Moreover, although the existence of other remedies does not preclude declaratory judgment, section 86.111, Florida Statutes (1979), it does bear on the proper exercise of the court's discretion in granting such relief, and the court may decline to grant a declaratory decree where more appropriate redress is available....

...ircumstances; the complaining taxpayer must show that he has no adequate remedy at law. City of Sarasota v. Skillin, 130 Fla. 724, 178 So. 837, 838 (1937); State v. City of Avon Park, 108 Fla. 641, 149 So. 409, 417 (1933). Likewise, the provision of Section 86.111, Florida Statutes (1975), that "The existence of another adequate remedy does not preclude a judgment for declaratory relief," does not dispense with the usual requisites for an injunction, temporary or permanent, which is sought in an action which also prays for declaratory relief....

...aw 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. Stat. (1987). The existence of another remedy is not disqualifying. § 86.111, Fla....

...ulation made under statutory authority, ... may have determined any question of construction or validity arising under such statute, regulation ... and obtain a declaration of rights, status or other equitable or legal relations thereunder. Further, section 86.111 provides that the "existence of another adequate remedy does not preclude a judgment for declaratory relief." Finally, as noted in Gulf Pines Memorial Park, Inc....

...The granting of such relief, however, remains discretionary with the court, and is not the right of a litigant. Kelner v. Woody, 399 So.2d 35, 37 (Fla. 3d DCA 1981) and cases cited. Although declaratory relief is not precluded by the existence of another adequate remedy, § 86.111, Fla....

...ine to grant a declaratory decree where more appropriate redress is available. Kelner, 399 So.2d at 38 and cases cited. See generally 19 Fla.Jur.2d Declaratory Judgments §§ 16-17 (1980). The supreme court has held that the legislature, in enacting section 86.111, Florida Statutes (1983), [3] did not intend to abrogate "the almost universal rule" that: if at the time the proceeding for a declaratory decree is initiated a suit is already pending which involves the same issues and in which litiga...

...5th DCA 1982) and cases cited. The matter is irrelevant in the present case, however, since the facts are undisputed as to this issue. [3] The actual statute referred to by the court was section 87.12, Florida Statutes (1951), which was substantially the same as the present section 86.111, Florida Statutes (1983).

...We recognize that the declaratory judgment act is not to be used as a tool to advise attorneys as to the proper path to pursue. Kelner v. Woody, 399 So.2d 35 (Fla. 3d DCA 1981). However, the existence of another remedy does not preclude a judgment for declaratory relief. § 86.111, Fla....

...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." It should be further noted that § 86.111, Fla....

..."A party is entitled to a declaration of rights where the ripening seeds of controversy make litigation in the immediate future appear unavoidable." South Riverwalk, 934 So.2d at 623. Finally, "the existence of another adequate remedy does not preclude" declaratory relief. § 86.111, Fla....

...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. Stat., and the existence of other adequate remedies does not preclude declaratory relief. § 86.111, Fla....

...Seller also argues in substance that the complaint was properly dismissed because buyer should instead bring a suit for damages. That contention is without merit, for the statute itself provides, "[t]he existence of another adequate remedy does not preclude a judgment for declaratory relief." § 86.111, Fla....

...Statutes, which recognizes jurisdiction in the trial courts to entertain actions for declaratory judgment. We find nothing in Chapter 72 warranting this interpretation by the Department. The only statutory guidance of which we are aware is found in section 86.111, in which the legislature specifically stated: "The existence of another adequate remedy does not preclude a judgment for declaratory relief." Had the legislature intended any exceptions to the broad grant of authority contained in chapter 86 we are confident it would have so stated....

...[1] The trial court agreed with Soil Tech that Transportation must seek rescission, and it dismissed the complaint. Transportation appeals. Although the trial court required Transportation to seek rescission, as its sole remedy, "[t]he existence of another adequate remedy does not preclude a judgment for declaratory relief." § 86.111, Fla....

...Soil Tech's primary argument is that the insurer was required to plead the elements of rescission, because the insurer was seeking to void the policy. If Soil Tech is arguing that a claim for rescission is the insurer's only remedy, then this argument is foreclosed by the plain language of section 86.111....

...from refusing to allow Plaintiff to exercise his stock options. (Doc. #.3 at 4, and Doc. # 2 at 12-14). Defendant argues (1) that Plaintiff has an adequate remedy at law; and, (2) Plaintiffs requested relief is inconsistent with the allegations contained in the complaint. (Doc. # 3 at 4-5). Florida Statute § 86.111 provides that "existence of another adequate remedy does not preclude a judgment for declaratory relief." The Florida Supreme Court has explained that "the purpose of a declaratory judgment is to afford parties relief from insecurity and un...

...risdiction "if the subsidiary is merely an agent through which the parent company conducts business in a particular jurisdiction or its separate corporate status is formal only and without any semblance of individual identity."). [8] Florida Statute § 86.111 states: "The court may order a speedy hearing of an action for declaratory judgment and may advance it on the calendar." [9] Alternatively, the undersigned would recommend Plaintiff's Motion for an Order Directing Clerk to Issue Summons (Doc....

remedy does not preclude a declaratory judgment. § 86.111, Fla. Stat. Thus we are called upon to decide

had been instituted as an action in chancery.” § 86.111, Fla. Stat. (2022). While the jury makes factual

not preclude a judgment for declaratory relief.” § 86.111, Fla. Stat. (2015). As noted above, under section

Atlantic Beach, (Fla.App.1965) 178 So.2d 906. .F.S. § 86.111, F.S.A. “The existence of another adequate remedy

not preclude a judgment for declaratory relief.” § 86.111, Fla. Stat. (2015). 4 Conclusion

argues this conclusion was in error, because section 86.111, Florida Statutes (2020), expressly provides:

...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. Stat. (1989); see § 86.111, Fla....

...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. Stat. (1989); see § 86.111, Fla....

complaint for declaratory judgment in accordance with § 86.111, Fla. Stat.” As grounds for reversal, Appellant