86.031
Before breach.
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86.031 Before breach.—A contract may be construed either before or after there has been a breach of it.
History.—s. 3, ch. 21820, 1943; s. 38, ch. 67-254.
Note.—Former s. 87.03.
Notes of Decisions
Cited in 10
cases (2 in the last 5 years), 1987–2021 · leading case: State Farm Fire and Casualty Co. v. Higgins
State Farm Fire and Casualty Co. v. Higgins (2001)
“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.”
Colomar v. Mercy Hospital, Inc. (2006)
“The fact that she has not paid the full amount yet does not alter the fact that Mercy has 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…”
Payne v. Humana Hosp. Orange Park (1995)
“) Section 86.031, Florida Statutes (1991) provides: "A contract may be construed either before or after there has been a breach of it.”
Careers USA v. Sanctuary of Boca (1998)
“§ 86.031, Fla. Stat. (1995). Careers argues that prospective litigants will be encouraged to file declaratory judgment actions before a breach has occurred if they bear no risk of having to pay prevailing party attorney's fees should the *1364 other party ultimately prevail.”
Conley v. Morley Realty Corp. (1991)
“" § 86.031, Fla. Stat. (1989). Seller argues, however, that the contract is clear on its face, so that there can be no doubt of the parties' rights and obligations.”
Lutz v. PROTECTIVE LIFE INSURANCE COMPANY (2007)
“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.”
O'Donnell v. Colonial Penn Insurance Co. (1987)
“contract_ Section 86.031 provides that a contract may be construed “before .”
MANDARIN LAKES COMMUNITY ASSOCIATION, INC. v. MANDARIN LAKES NEIGHBORHOOD HOMEOWNERS ASSOCIATION, INC. (2021)
“” § 86.031, Fla. Stat. In this same vein, any declaratory judgment “may be rendered by way of anticipation with respect to any act not yet done or any event which has not yet happened.”
IMPERIAL FIRE & CASUALTY INSURANCE COMPANY v. ARIEL ACOSTA (2021)
“” § 86.031, Fla. Stat. A viable complaint for declaratory relief must allege, at a minimum, that: (1) there is a bona fide dispute between the parties; (2) the plaintiff has a justiciable question as to the existence or nonexistence of some right, status, immunity, power or…”
Milani v. Palm Beach County (2008)
“§ 86.031, Fla. Stat. (2005). Although the trial court thought that the dispute was premature, as no easement had been granted to Boca Highlands as yet, “[t]he fact that a controversy had not matured may not always be essential.”
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