CopyCited 26 times | Published | Florida 4th District Court of Appeal | 2001 WL 6187
...This language is similar to that in section
86.011, Florida Statutes (2000). Both versions of the statute provided that "[a] contract may be construed either before or after there has been a breach" thereof. Compare § 87.03, Fla.Stat. (1951) with §
86.031, Fla.Stat (2000)....
1 red0 yellow19 green0 procedural
Receded fromHiggins (2004)phrase: "receding from"
CopyCited 13 times | Published | Florida 1st District Court of Appeal | 1995 WL 598027
...lation, municipal ordinance, contract, deed, will, franchise, or other article, memorandum, or instrument in writing, or any part thereof, and obtain a declaration of rights, status or other equitable or legal relations thereunder. (Emphasis added.) Section 86.031, Florida Statutes (1991) provides: "A contract may be construed either before or after there has been a breach of it." Payne is in doubt about his rights under the Humana contract; he is entitled to have his rights determined....
0 red0 yellow3 green1 procedural
Cited as authoritySolnes (2014)phrase: "rule_authority"
Cited as authorityAcosta (2005)phrase: "rule_authority"
CopyCited 9 times | Published | Supreme Court of Florida | 23 Fla. L. Weekly Supp. 31, 1998 Fla. LEXIS 38, 1998 WL 10587
...tigation). According to Careers, Ocala Warehouse and Robbins facilitate use of the Declaratory Judgment Act, which offers parties an opportunity to litigate their respective rights and resolve their disputes before a breach of contract has occurred. § 86.031, Fla....
0 red0 yellow6 green0 procedural
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 1991 Fla. App. LEXIS 958, 1991 WL 15561
...There is plainly a bona fide dispute between the parties over the validity of the liquidated damages clause and the entitlement of plaintiff to a return of payments previously made. Indeed, the Act itself provides that "[a] contract may be construed either before or after there has been a breach of it." § 86.031, Fla....
0 red0 yellow6 green0 procedural
Cited as authorityFerrara (2012)phrase: "rule_authority"
Cited as authorityGarcia (2011)phrase: "rule_authority"
CopyCited 3 times | Published | District Court, S.D. Florida | 2006 U.S. Dist. LEXIS 84543, 2006 WL 3359502
...as demanded it from her. As such, the dispute as to the lawful amount owed needs to be resolved, either as a damages suit to recover any excess paid by Plaintiff, or as a declaratory judgment action to determine the lawful amount owed. See Fla Stat. § 86.031 (declaratory judgment action can proceed "before or after there has been a breach.")....
0 red0 yellow7 green0 procedural
Cited as authorityDay (2021)phrase: "rule_authority"
Cited as authorityTaylor (2020)phrase: "rule_authority"
Cited as authorityLESLIE (2019)phrase: "rule_authority"
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 2007 Fla. App. LEXIS 41, 2007 WL 5768
...ion for judgment on the pleadings on the contract *890 count, and, at a minimum, Lutz is entitled to have the dispute resolved as to whether the general provisions of Part VII of Chapter 627 are applicable to his out-of-state group insurance policy. Section 86.031 provides that under the Declaratory Judgment statute, "[a] contract may be construed either before or after there has been a breach of it." On the basis of the pleadings, we cannot say that the declaratory judgment sought by Lutz would serve only to "answer abstract questions" or "satisfy idle curiosity." X Corp....
1 red0 yellow8 green0 procedural
CopyPublished | District Court of Appeal of Florida
before or after there has been a breach of it.” §
86.031, Fla. Stat. A viable complaint for declaratory
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 1533, 1987 Fla. App. LEXIS 9034
or validity arising under such ... contract_ Section
86.031 provides that a contract may be construed “before
CopyPublished | Florida 3rd District Court of Appeal
...contract . . . or any part thereof,
and obtain a declaration of rights, status, or other equitable or
legal relations thereunder.
Courts are authorized to construe a contract “either before or after there has
been a breach of it.” § 86.031, Fla....
