declaratory judgment claim (Florida) · Go Syfert
← Florida issues

declaratory judgment claim in Florida

17 Florida opinions name it 1 courts 1967–2026 8 in the last five years

The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (12)

CaseFollowedCited
Marinich v. Special Edition Custom Homes, LLCgreen
fladistctapp · 2009 · cited in 2 Florida opinions naming this issue, 2024–2025
2 sentences

2025See Marinich v. Special Edition Custom Homes, LLC, 1 So. 3d 1197, 1200 (Fla. 2d DCA 2009); see also Fla. R.

2024Cf. Marinich v. Special Edition Custom Homes, LLC, 1 So. 3d 1197, 1200 (Fla. 2d DCA 2009) ("Because the claims in the pending counterclaim are legally interrelated and arise from the same transaction as the declaratory judgment claim, the partial summary judgment is not final for purposes of appeal."). 2

22
May v. Holleygreen
fla · 1952 · cited in 2 Florida opinions naming this issue, 2018–2018
2 sentences

2018See May v. Holley , 59 So.2d 636 , 639 (Fla. 1952) (outlining elements of a proper declaratory judgment claim).

2018See May v. Holley , 59 So.2d 636 , 639 (Fla. 1952) (outlining elements of a proper declaratory judgment claim).

22
Gulf Power Co. v. Harpergreen
fladistctapp · 2006 · cited in 1 Florida opinions naming this issue, 2026–2026
1 sentence

2026We note, however, that because the partial final judgment is not an appealable final order, the City shall be "free to move for reconsideration of [this] order at any time prior to the entry of final judgment." Proino Breakfast Club, II, Inc. v. OGI Cap., Inc., 331 So. 3d 846 , 850 (Fla. 2d DCA 2021); see also Gulf Power Co. v. Harper, 940 So. 2d 535, 536-37 (Fla. 1st DCA 2006) (concluding that an order resolving a declaratory judgment claim, involving the same factual setting and parties, was "non-final and non-appealable" where other interrelated claims remained outstanding).

11
Tower Hill Signature Ins. Co. v. Javellanagreen
fladistctapp · 2017 · cited in 1 Florida opinions naming this issue, 2025–2025
1 sentence

2025See, e.g., Tower Hill Signature Ins. v. Javellana, 238 So. 3d 372 , 375-77 (Fla. 3d DCA 2017) (breach of contract); Polk Cnty. v. Highlands-in- the-Woods, LLC, 227 So. 3d 161 , 163-64 (Fla. 2d DCA 2017) (inverse condemnation).

11
WAYNE GOLDMAN, MARIANNE GOLDMAN & SEAN ACOSTA v. STEPHEN LUSTIG, JOSEPH F. IERACITANOgreen
fladistctapp · 2018 · cited in 1 Florida opinions naming this issue, 2023–2023
1 sentence

2023Notwithstanding, we also have recognized that “to the extent that the dismissal is based upon a legal determination, our review is de novo.” Goldman v. Lustig, 237 So. 3d 381, 384 (Fla. 4th DCA 2018) (quoting Bloch v. Del Rey, 208 So. 3d 189, 192 (Fla. 3d DCA 2016)).

11
Bloch v. Del Reygreen
fladistctapp · 2016 · cited in 1 Florida opinions naming this issue, 2023–2023
1 sentence

2023Notwithstanding, we also have recognized that “to the extent that the dismissal is based upon a legal determination, our review is de novo.” Goldman v. Lustig, 237 So. 3d 381, 384 (Fla. 4th DCA 2018) (quoting Bloch v. Del Rey, 208 So. 3d 189, 192 (Fla. 3d DCA 2016)).

11
Bryant v. Stategreen
fla · 2005 · cited in 1 Florida opinions naming this issue, 2022–2022
1 sentence

2022See Bryant v. State, 901 So. 2d 810, 822 (Fla. 2005). 2 This includes NCI’s declaratory judgment claim, which is inextricably intertwined with its breach of contract claim.

11
Volusia County v. Aberdeen at Ormond Beachgreen
fla · 2000 · cited in 1 Florida opinions naming this issue, 2021–2021
1 sentence

2021Volusia Cnty. v. Aberdeen at Ormond Beach, L.P., 760 So. 2d 126, 130 (Fla. 2000).

11
Dent v. Belingreen
fladistctapp · 1986 · cited in 1 Florida opinions naming this issue, 2018–2018
1 sentence

2018See id. (finding a party is entitled to a declaration when that party pleads the necessary factual allegations for each element of a declaratory judgment claim).

11
The Bremen v. Zapata Off-Shore Co.red
scotus · 1972 · cited in 1 Florida opinions naming this issue, 2018–2018
1 sentence

2018Absent that, there is no basis for concluding that it would be unfair, unjust, or unreasonable to hold that party to his bargain.” (quoting Manrique, 128 So. 2d at 440 n.4 (quoting M/S Breman v. Zapata Off-Shore Co., 407 U.S. 1, 18 (1972)))). 6 and loyalty, unfair competition, intentional interference, and civil conspiracy.

11
Olive v. Maasgreen
fla · 2002 · cited in 1 Florida opinions naming this issue, 2015–2015
1 sentence

2015Olive v. Maas, 811 So.2d 644, 657-58 (Fla.2002) (quoting Martinez v. Scanlan, 582 So.2d 1167, 1170-71 (Fla.1991)) (emphasis added; original emphasis omitted).

11
Martinez v. Scanlangreen
fla · 1991 · cited in 1 Florida opinions naming this issue, 2015–2015
1 sentence

2015Olive v. Maas, 811 So.2d 644, 657-58 (Fla.2002) (quoting Martinez v. Scanlan, 582 So.2d 1167, 1170-71 (Fla.1991)) (emphasis added; original emphasis omitted).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
Polk County v. Highlands-In-The-Woods, L.L.C. green
fladistctapp · 2017
1 sentence

2025See, e.g., Tower Hill Signature Ins. v. Javellana, 238 So. 3d 372 , 375-77 (Fla. 3d DCA 2017) (breach of contract); Polk Cnty. v. Highlands-in- the-Woods, LLC, 227 So. 3d 161 , 163-64 (Fla. 2d DCA 2017) (inverse condemnation).

12025–2025
Bill Stroop Roofing, Inc. v. Metropolitan Dade County green
fladistctapp · 2001
1 sentence

2024In denying Appellants’ motions to dismiss as to the declaratory judgment claims, the trial court cited Bill Stroop Roofing, Inc. v. Metropolitan Dade County, 788 So. 2d 365 (Fla. 3d DCA 2001), as a case where the court allowed a declaratory judgment claim to proceed against the government under similar circumstances.

12024–2024
Abruzzo v. Haller green
fladistctapp · 1992
1 sentence

2017Id. *466 In determining that there was no case or controversy to address with respect to Cross-Appellants/Appellees’ counterclaim, the trial court relied upon its determination that the individual Cross-Appellants/Appellees were not and could not be subject to the provisions of section 790.33(3) because there “has been no enactment or adoption of a new ordinance relating to the regulation of firearms that they voted to enact or adopt” and because the continued re-publication of ordinances enacted years before the enactment of section 790.33(3) did not constitute promulgation as the term is use

12017–2017
Harris v. Aberdeen Property Owners Ass'n green
fladistctapp · 2014
1 sentence

2015Id. at 368-69 .

12015–2015
Golf Club v. City of Plantation green
fladistctapp · 1998
1 sentence

2003In Golf Club of Plantation, Inc. v. City of Plantation, 717 So.2d 166 (Fla. 4th DCA 1998), we affirmed the dismissal of the declaratory judgment claim, holding that by seeking damages from inverse condemnation Owner waived any challenge to the validity of the City’s restrictions.

12003–2003
Hankins v. Title and Trust Company of Florida green
fladistctapp · 1964
1 sentence

1967Hankins v. Title and Trust Company, Fla. App.1964, 169 So.2d 526 ; Johnson v. Thoburn, Fla.App.1964, 160 So.2d 729 .

11967–1967
Johnson v. Thoburn neutral
fladistctapp · 1964
1 sentence

1967Hankins v. Title and Trust Company, Fla. App.1964, 169 So.2d 526 ; Johnson v. Thoburn, Fla.App.1964, 160 So.2d 729 .

11967–1967

Statutes the citing opinions construe

FL § 95.11 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 334 (1993–2026) NY 42 (1944–2025) GA 38 (1986–2026) OH 32 (1986–2026) NC 32 (2002–2026) OR 31 (2003–2026) DE 27 (2014–2026) MI 24 (1978–2024) MO 23 (1984–2025) IL 20 (1979–2025) CO 19 (1958–2026) FL 17 (1967–2026) AL 15 (2003–2018) WI 12 (1971–2024) ME 10 (2011–2021) WY 10 (1989–2026) PA 10 (1990–2026) MA 10 (1999–2025) MD 9 (1997–2025) TN 8 (1996–2022) CT 8 (1969–2025) NJ 8 (2000–2022) RI 7 (1964–2019) WA 6 (2014–2025) IN 6 (1975–2026) ID 5 (2014–2021) AZ 5 (1987–2020) SC 5 (1967–2021) MN 5 (1985–2024) UT 4 (2019–2024) AR 4 (2017–2024) CA 3 (1997–2023) KS 3 (1989–1996) WV 3 (2013–2023) KY 3 (2006–2017) OK 3 (2017–2021) IA 2 (1964–2006) NH 2 (1993–2019) MT 2 (2000–2021) AK 2 (2021–2021) NE 2 (1972–1972) NM 2 (2017–2023) VA 2 (2011–2023)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check