Florida/Georgia Personal Injury & Workers Compensation

...Shortly thereafter, a different judge, involved in related pending cases, ordered the original magistrate to advise the Florida attorney general that the State could elect to participate in the case, as the constitutionality of a statute was at issue. Fla.Stat. § 86.041; U.S.Dist.Ct.S.D.Fla....

...Therefore, appellees' arguments below as to the merits of Dent's inquiry were misplaced and the proper issue was his entitlement to a declaration of rights. The declaratory judgment act is to be liberally administered and construed. Section 86.101, Florida Statutes (1983). Section 86.041 provides that any person interested as a trustee in the administration of a trust may have a declaration of rights to determine any question arising in the administration of the trust (emphasis supplied)....

...arise from those facts." Palumbo v. Moore, 777 So.2d 1177, 1178 (Fla. 5th DCA 2001). A dismissal for failure to state a cause of action is reviewed de novo. Charles v. Fla. Foreclosure Placement Ctr., LLC, 988 So.2d 1157, 1158-59 (Fla. 3d DCA 2008). Section 86.041, Florida Statutes (2007) provides, in part: Any person interested as or through an executor, administrator, trustee, guardian, or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust, in the administratio...

...question arising in the administration of the guardianship, estate, or trust, including questions of construction of wills and other writings. Id. In King v. Pinellas Central Bank & Trust Co., 339 So.2d 712 (Fla. 2d DCA 1976), the court interpreted section 86.041 as follows: This statute is specific that any person......

...adverse interests were before the court through the trustee. Id. at 713. Furthermore, "[t]he declaratory judgment act is to be liberally administered and construed." Dent v. Belin, 483 So.2d 61, 62 (Fla. 1st DCA 1986). Thus, we hold that pursuant to section 86.041, Fla....

...[4] A personal representative may invoke the jurisdiction of the court to resolve judicial questions about an estate or its administration, section 733.603, Florida Statutes (1985), and may maintain an action to determine title to or recover possession of property, section 733.607, Florida Statutes (1985). Section 86.041 specifically permits a declaratory action to be brought by a personal representative in a probate proceeding....

...n action. In Backus v. Howard W. Backus Towing, Inc., 391 So.2d 378 (Fla. 3d DCA 1980), the widow of the corporation's board chairman brought an action in her capacity as personal representative. She sought a declaration of her rights under sections 86.041(1) and (3), Florida Statutes (1977), to certain quitclaim deeds, as well as her rights under a stock purchase agreement between her late husband and his son, each of whom owned fifty percent of the corporation....

...ity, power, privilege, or right now exists or will arise in the future. Any person seeking a declaratory judgment may also demand additional, alternative, coercive, subsequent, or supplemental relief in the same action. § 86.011, Fla. Stat. (1985). Section 86.041 is set forth as follows: 86.041 Actions by executors, administrators, trustees, etc....

...or, administrator, or trustee to refrain from doing any particular act in his fiduciary capacity; or (3) To determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings. § 86.041, Fla....

...1, 2004, separate counsel filed a notice of appearance for Mrs. Scott individually. The next day, Mrs. Scott — acting in her individual capacity — filed a “Petition for Declaration of Rights” in the estate administration proceeding. Invoking section 86.041, Florida Statutes (2003), Mrs....

...of whether her “... rights, status, or other equitable or legal relations are affected by [the Agreement].” § 86.021, Fla.Stat. (1977). Further, as the personal representative of the estate of Howard, Mary may also seek declaratory relief under Section 86.041(1) & (3), Florida Statutes (1977), “......

...l of the beneficiaries of the trust are not before the court the complaint was properly dismissed. Appellee relies heavily on May v. Holley, Fla.1952, 59 So.2d 636 . Appellee is correct in its interpretation of May, supra. However, it has overlooked § 86.041, Fla.Stat.1975, which states: “Any person interested as or through [a] ....

...§§ 87.01 and 87.02, now §§ 86.011 and 86.021, Fla. Stat.1975, which statutes granted the circuit courts jurisdiction to declare rights, status and other equitable or legal issues and did not involve the rights of any person interested through a trustee under § 86.041, Fla.Stat.1975, formerly F.S.A....

Section 86.101, Florida Statutes, (1983). Section 86.041 provides that any person interested as a trustee

...ate is so advised. We affirm upon the authority of Fried v. Easton, 293 So.2d 87 (Fla. 3d DCA 1974); Grandin Industries, Inc. v. Florida Nat’l Bank at Orlando, 267 So.2d 26 (Fla. 4th DCA 1972); Talcott v. McDowell, 148 So.2d 36 (Fla. 3d DCA 1962); § 86.041(3), Florida Statutes (1985)....