A.C.R.C. Notes.
Arkansas did not adopt Section 3 of the official version of the Uniform Declaratory Judgments Act promulgated by the National Conference of Commissioners on Uniform State Laws. Section 3 provides that “a contract may be construed either before or after there has been a breach thereof”.
Publisher's Notes.
Former § 16-111-103(a) has been renumbered as § 16-111-101.
Former 16-111-103(b) has been renumbered as § 16-111-105.
Notes of Decisions
Bryant v. Picado, 996 S.W.2d 17 (Ark. 1999).
· cites it 2× “Ark.Code Ann. § 16-111-103(a) (1987). The act itself does not confer subject-matter jurisdiction; thus, there must be an independent basis for the court's jurisdiction before it may render a declaratory judgment.”
Direct Mktg. Ass'n v. Brohl, 735 F.3d 904 (10th Cir. 2013).
“1991) (“[Plaintiffs] could also have obtained a declaratory, judgment under Ark.Code Ann. § 16-111-103. Federal constitutional claims may, of course, be raised in state court.”
Buttolph Trust v. Jarnagan, 789 S.W.2d 466 (Ark. 1990).
· cites it 2× “The appellant should have sought relief under Ark. Code Ann. § 16-111-103 (1987) by filing a petition for declaratory relief.”
Martin v. Black & White Cab Co., 901 S.W.2d 17 (Ark. 1995).
· cites it 2× “Ark. Code Ann. § 16-111-103 (1987). Moreover, assuming that the order was in error in not restricting its finality with regard to the tortfeasor’s insurance status, counsel for Black & White Cab should have resorted to a post-judgment remedy before the circuit court.”
McDougal v. Sabine River Land Co., 2015 Ark. App. 281, 461 S.W.3d 359.
· cites it 2× “Ark.Code Ann. § 16-111-103(a) (1997). However, declaratory-judgment actions are intended to supplement rather than supersede ordinary causes of action.”
Lancaster v. Fitzhugh, 839 S.W.2d 192 (Ark. 1992).
· cites it 2× “However, appellants do not challenge the circuit court’s jurisdiction to enter a declaratory judgment, they challenge the court’s jurisdiction to award appellee an attorneys lien pursuant to section 16-22-304(d).”
Hortica-Florists' Mut. Ins. v. Pittman Nursery Corp., No. 12-1352 (8th Cir. Sept. 6, 2013).
“It is undisputed Hortica is a "liability insurance company" and PNC is the "holder of the policy." A declaratory judgment gives courts the "power to declare rights, status, and other legal relations whether or not further relief is or could be claimed.”
Ark. Code Ann. § 16-111-103(a): 2 cases
Bryant v. Picado, 996 S.W.2d 17 (Ark. 1999).
“Ark.Code Ann. § 16-111-103(a) (1987). The act itself does not confer subject-matter jurisdiction; thus, there must be an independent basis for the court's jurisdiction before it may render a declaratory judgment.”
McDougal v. Sabine River Land Co., 2015 Ark. App. 281, 461 S.W.3d 359.
“Ark.Code Ann. § 16-111-103(a) (1997). However, declaratory-judgment actions are intended to supplement rather than supersede ordinary causes of action.”
Ark. Code Ann. § 16-111-103(a)(2): 1 case
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