declaratory action challenge (Florida) · Go Syfert
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declaratory action challenge in Florida

5 Florida opinions name it 1 courts 2006–2015 0 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 (3)

CaseFollowedCited
School Bd. of Miami-Dade County v. Kinggreen
fladistctapp · 2006 · cited in 2 Florida opinions naming this issue, 2011–2011
2 sentences

2011Albeit in obiter dicta, we said as much in School Board of Miami-Dade County v. King, 940 So.2d 593, 602 (Fla. 1st DCA 2006): We read Brown[ v. Firestone, 382 So.2d 654 (Fla.1980)], Coalition, and Holmes as delineating that any citizen/taxpayer may bring a declaratory action to challenge the constitutionality of provisions in a general appropriations act, including a claim that the state has failed to make adequate provision for a uniform system of free public schools as required by Article IX, section 1, and that the standard for determining whether the legislature has made adequate provision

2011Albeit in obiter dicta, we said as much in School Board of Miami-Dade County v. King, 940 So.2d 593, 602 (Fla. 1st DCA 2006): We read Brown[ v. Firestone, 382 So.2d 654 (Fla.1980)], Coalition, and Holmes as delineating that any citizen/taxpayer may bring a declaratory action to challenge the constitutionality of provisions in a general appropriations act, including a claim that the state has failed to make adequate provision for a uniform system of free public schools as required by Article IX, section 1, and that the standard for determining whether the legislature has made adequate provision

22
Peyton v. Hornergreen
fladistctapp · 2006 · cited in 1 Florida opinions naming this issue, 2015–2015
1 sentence

2015In Connelly v. Old Bridge Village Co-Op, Inc., 915 So.2d 652, 654 (Fla. 2d DCA 2005), this court reversed an award of section 57.105 fees where the plaintiffs’ declaratory action claim against defendants who were later dismissed was “arguably supportable under the facts and law and certainly not frivolous.” See also Peyton v. Homer, 920 So.2d 180, 183-84 (Fla. 2d DCA 2006) (reversing judgment awarding section 57.105 fees where “[t]he issue was not so cut and-dried that either the association or its attorney knew or should have known that it was not supported by the material facts necessary to

11
Connelly v. Old Bridge Village Co-Op, Inc.green
fladistctapp · 2005 · cited in 1 Florida opinions naming this issue, 2015–2015
1 sentence

2015In Connelly v. Old Bridge Village Co-Op, Inc., 915 So.2d 652, 654 (Fla. 2d DCA 2005), this court reversed an award of section 57.105 fees where the plaintiffs’ declaratory action claim against defendants who were later dismissed was “arguably supportable under the facts and law and certainly not frivolous.” See also Peyton v. Homer, 920 So.2d 180, 183-84 (Fla. 2d DCA 2006) (reversing judgment awarding section 57.105 fees where “[t]he issue was not so cut and-dried that either the association or its attorney knew or should have known that it was not supported by the material facts necessary to

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 (2)

CaseCitedYears
Brown v. Firestone green
fla · 1980
2 sentences

2011Albeit in obiter dicta, we said as much in School Board of Miami-Dade County v. King, 940 So.2d 593, 602 (Fla. 1st DCA 2006): We read Brown[ v. Firestone, 382 So.2d 654 (Fla.1980)], Coalition, and Holmes as delineating that any citizen/taxpayer may bring a declaratory action to challenge the constitutionality of provisions in a general appropriations act, including a claim that the state has failed to make adequate provision for a uniform system of free public schools as required by Article IX, section 1, and that the standard for determining whether the legislature has made adequate provision

2011Albeit in obiter dicta, we said as much in School Board of Miami-Dade County v. King, 940 So.2d 593, 602 (Fla. 1st DCA 2006): We read Brown[ v. Firestone, 382 So.2d 654 (Fla.1980)], Coalition, and Holmes as delineating that any citizen/taxpayer may bring a declaratory action to challenge the constitutionality of provisions in a general appropriations act, including a claim that the state has failed to make adequate provision for a uniform system of free public schools as required by Article IX, section 1, and that the standard for determining whether the legislature has made adequate provision

32006–2011
DEPARTMENT OF REVENUE OF STATE v. Markham green
fla · 1981
1 sentence

2008Standing of County to Bring Declaratory Action The defendants additionally argue that Orange County lacks standing to sue for a declaratory judgment under Department of Revenue v. Markham, 396 So.2d 1120 (Fla.1981).

12008–2008

Statutes the citing opinions construe

FL § 86.011 (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.

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