Declaratory Action
The Law Firm of de la Grana | Boardman is experienced in successfully pursuing Florida Declaratory Actions.
A declaratory action is also called a declaratory judgment. A declaratory judgment is a judgment of a court which determines the rights of parties without ordering anything be done or awarding damages.
In a civil case which declares the rights, duties, or obligations of one or more parties in a dispute.
A declaratory judgment is legally binding, but it does not order any action by a party.
To State a Claim the Plaintiff Must Show:
- that there is a bona fide, actual, present practical need for the declaration;
- that the declaration should deal with a present, ascertained or ascertainable state of facts or present controversy as to a state of facts;
- that some immunity, power, privilege or right of the complaining party is dependent upon the facts or the law applicable to the facts;
- that there is some person or persons who have, or reasonably may have an actual, present, adverse and antagonistic interest in the subject matter, either in fact or law;
- that the antagonistic and adverse interests are all before the court by proper process or class representation; and
- that the relief sought is not merely the giving of legal advice by the courts or the answer to questions propounded from curiosity.
May v. Holley, 59 So.2d 636, 639 (Fla. 1952)”
