Florida Declaratory Judgments

What is a Declaratory Judgment?

A declaratory judgment is a legally binding judgment entered by a court that to acts to resolve legal uncertainty between the parties. As part of a declaratory judgment, a court rules on and affirms the rights, duties, or obligations of one or more of the parties to the dispute.  For example, contractual and other disputes can arise over certain rights, status, and other equitable or legal relations.  Homeowners can disagree on the meaning of a contractual provision with their Homeowner or Condominium Association’s Declaration or Bylaws or an insurance company may claim that it is not duty bound to defend its injured under the governing policy.  In these types of situations an aggrieved party can go directly to the court and ask for a declaratory judgment through Florida’s Declaratory Judgment Act which is codified in Chapter 86 of the Florida Statutes.

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0086/0086ContentsIndex.html

Florida’s Declaratory Judgment Act 

Florida Courts have jurisdiction to declare the rights, status, and other equitable or legal relations between parties, regardless of whether further relief is or could be claimed. § 86.011, Fla. Stat.  Moreover, a court can make either a negative or affirmative declaration and may make declaratory judgments on the existence or nonexistence of any immunity, power, privilege, or right—or any fact upon which the same may depend—whether it exists now or will arise in the future. 

What are the Elements of a Declaratory Relief Claim?

To legally state a cause of action for declaratory relief, there must be:

1. A bona fide, actual, present practical need for declaration;
2. The declaration should concern a present, ascertained or ascertainable state of facts or present controversy as to a state of facts;
3. An immunity, power, privilege or right of the complaining party is dependent upon the facts or the law applicable to the facts;
4. A person or persons have, or reasonably may have, an actual, present, adverse and antagonistic interest in the subject matter, either in fact or law;
5. The antagonistic and adverse interest(s) are all before the court by proper process or class representation; and
6. The relief sought is not merely giving of legal advice or the answer to questions propounded for curiosity.

The Bottom Line

Florida’s Declaratory Judgment Act is liberally construed to offer practical help in resolving disputes where other legal relief is not immediately available and provides clarity.  If you are named as a party to lawsuit for a declaratory judgment, then call Miami subrogation defense lawyer Andrew J. Pascale at 877-667-1211 to help you better understand your rights and powers, the status of your property, or the facts on which these depend.  This blog does not constitute legal advice and is for illustrative purposes only.