Declaratory Judgment –
[1] Elements and Case Citations
(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.
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Florida State Courts
Supreme Court: Coalition for Adequacy and Fairness in School Funding, Inc. v.
Chiles, 680 So. 2d 400, 404 (Fla. 1996)
First District: The Tribune Company Holdings, Inc., and Media General Operations, Inc. v. State, Dept. of Revenue, 2010 WL 1709206, *2 (Fla. 1st DCA April 29, 2010).
Second District: Combs v. City of Naples, 834 So. 2d 194, 197 (Fla. 2nd DCA 2002)
Third District:Romo v. Amedex Ins. Co., 930 So.2d 643, 648 (Fla. 3d DCA 2006).
Fourth District: Wells v. Wells, 24 So.3d 579, 583 (Fla. 4th DCA 2009).
Fifth District: Sutton v. Dept. Envtl. Protection, 654 So. 2d 1047, 1048
(Fla. 5th DCA 1995)
Florida Federal Courts
Eleventh Circuit: Miccosukee Tribe of Indians of Fla. v. Kraus Anderson Const. Co., 2010 WL 2138957, *5 (11th Cir. May 28, 2010).
Southern District: Vozzcom, Inc. v. Beazley Ins. Co., Inc., 666 F.Supp.2d 1321, 1327 (S.D. Fla. 2009).
Middle District: CFBP, LLC v. Wells Fargo Bank, 2010 WL 2136535, *7 (M.D. Fla. May 26, 2010).
Florida Statutes
§ 86.021, Fla. Stat.; see also § 120.565, Fla. Stat. (declaratory statement)
Florida Rules
Fla. R. Civ. P. 1.510(a), (b) (motion for summary judgment on action for declaratory
judgment)
[2] Defenses to Claim for Declaratory Judgment
(1) Fla. R. Civ. P. 1.110(d) (pleading affirmative defenses), and other
standard defenses. See § 60.
(2) Statute of Limitations: § 95.11(3)(p), Fla. Stat. (four years);
Hollywood Lakes Section Civic Assoc. v. City of Hollywood, 676 So. 2d 500, 501 (Fla. 4th DCA 1996).
(3) Plaintiff cannot obtain a declaratory judgment when the judicial
determination requires the resolution of factual issues.
(4) Plaintiff has an adequate remedy at law. See Floyd v. Guardian
Life Ins. Co., 415 So. 2d 103, 104 (Fla. 3d DCA 1982).
(5) A declaratory judgment is not available where plaintiff seeks an advisory
opinion as to the possibility of legal injury based on hypothetical facts. See Santa Rosa Cty. v. Admin. Comm’n, Division of Admin.
Hearings, 661 So. 2d 1190, 1192 (Fla. 1995).
