green
Positive treatment
Quoted verbatim 2×
34.0 score
“a complaint can be legally sufficient even if the plaintiff ultimately loses the case on its merits.”
Top citers, strongest first. 8 distinct citers.
discussed
Cited as authority (verbatim quote)
IMPERIAL FIRE & CASUALTY INSURANCE COMPANY v. ARIEL ACOSTA
a complaint can be legally sufficient even if the plaintiff ultimately loses the case on its merits.
examined
Cited as authority (verbatim quote)
MANDARIN LAKES COMMUNITY ASSOCIATION, INC. v. MANDARIN LAKES NEIGHBORHOOD HOMEOWNERS ASSOCIATION, INC.
(3×)
also: Cited as authority (rule)
a complaint can be legally sufficient even if the plaintiff ultimately loses the case on its merits.
discussed
Cited as authority (rule)
Teresa Moon-Vileno, an individual, and Deborah Lynn Felty, an individual v. Florida Association of Court Clerks, Inc., a Florida Not for Profit Corporation, FACC
Corp., 292 So. 3d 840 , 843 (Fla. 1st DCA 2020) (providing that, to state a 5 cause of action for declaratory judgment, a plaintiff must show “a justiciable question as to the existence or nonexistence of some right, status, immunity, power or privilege, or as to some fact upon which existence of such a claim may depend” (quoting Ribaya v. Bd. of Trs. of the City Pension Fund for Firefighters & Police Officers in the City of Tampa, 162 So. 3d 348, 352 (Fla. 2d DCA 2015))).
discussed
Cited as authority (rule)
EXPRESS DAMAGE RESTORATION LLC, etc. v. FIRST COMMUNITY INSURANCE COMPANY
Such review is mandated because “the trial court rules on that motion as a matter of law.” Ribaya v. Bd. of Trs. of City of Pension Fund for Firefighters & Police Officers in City of Tampa, 162 So. 3d 348, 352 (Fla. 2d DCA 2015).
discussed
Cited as authority (rule)
Frederick Webster v. State of Florida
It is well-settled that a complaint for declaratory judgment must allege that “the plaintiff has a justiciable question as to the existence or nonexistence of some right, status, immunity, power or privilege” and that “the plaintiff is in doubt as to the claim.” Ribaya v. Bd. of Trustees of City Pension Fund for Firefighters & Police Officers in City of Tampa, 162 So. 3d 348, 352 (Fla. 2d DCA 2015); see also X Corp. v. Y Person, 622 So. 2d 1098, 1101 (Fla. 2d DCA 1993).
discussed
Cited as authority (rule)
PAULA MELLEY v. MARINER'S WAY ASSOCIATION, INC. and DAVID HEMINGWAY
A trial court’s discretion is limited when it “essentially enters a declaratory judgment as to one or more significant, disputed issues while describing the judgment as an order of dismissal.” Ribaya v. Bd. of Trs. of City Pension Fund for Firefighters & Police Officers in City of Tampa, 162 So.3d 348, 354 (Fla. 2d DCA 2015).
cited
Cited "see"
Sherman Hills Homeowners Association, Inc. v. Sierra, Brown
See Ribaya v. Bd. of Trs. of City Pension Fund for Firefighters & Police Officers in City of Tampa, 162 So. 3d 348 , 352–53 (Fla. 2d DCA 4 2015); Cape, LLC v. Och-Ziff Real Est.
discussed
Cited "see"
ANDY STRICKLAND v. BOARD OF COMMISSIONERS OF PINELLAS COUNTY, FLORIDA
See Ribaya v. Bd. of Trs. of City Pension Fund for Firefighters & Police Officers in City of Tampa, 162 So. 3d 348, 352-53 (Fla. 2d DCA 2015) ("[W]hen a defendant challenges a complaint for declaratory relief on the ground that it fails to state a cause of action, i.e., that it is legally insufficient, the trial court rules on that motion as a matter of law.
STATE of Florida
v.
Ileana MOREJON
v.
Ileana MOREJON
No. 4D13-2869.
District Court of Appeal of Florida, Fourth District.
Apr 1, 2015.
Pamela Jo Bondi, Attorney General, Tallahassee, and Emily Ross-Booker, Assistant Attorney General, West Palm Beach, for appellant., Carey Haughwout, Public Defender, and Melanie Dale Surber, Assistant Public Defender, West Palm Beach, for appellee.
Damoorgian, Taylor.
Published
PER CURIAM.
Affirmed. See S.J.C. v. State, 906 So.2d 1115, 1117 (Fla. 2d DCA 2005).
DAMOORGIAN, C.J., TAYLOR and MAY, JJ., concur.