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Florida Statute 86.071 | Lawyer Caselaw & Research
F.S. 86.071 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 86.071

The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 86
DECLARATORY JUDGMENTS
View Entire Chapter
F.S. 86.071
86.071 Jury trials.When an action under this chapter concerns the determination of an issue of fact, the issue may be tried as issues of fact are tried in other civil actions in the court in which the proceeding is pending. To settle questions of fact necessary to be determined before judgment can be rendered, the court may direct their submission to a jury. When a declaration of right or the granting of further relief based thereon concerns the determination of issues of fact triable by a jury, the issues may be submitted to a jury in the form of interrogatories, with proper instructions by the court, whether a general verdict is required or not. Neither this section nor any other section of this chapter shall be construed as requiring a jury to determine issues of fact in chancery actions.
History.s. 8, ch. 21820, 1943; s. 38, ch. 67-254.
Note.Former s. 87.08.

F.S. 86.071 on Google Scholar

F.S. 86.071 on Casetext

Amendments to 86.071


Arrestable Offenses / Crimes under Fla. Stat. 86.071
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 86.071.



Annotations, Discussions, Cases:

Cases from cite.case.law:

MERCURY INSURANCE COMPANY OF FLORIDA, v. COOPER,, 919 So. 2d 491 (Fla. Dist. Ct. App. 2005)

. . . legislature did not contemplate some fact finding in declaratory actions, it is curious why section 86.071 . . .

B. HIGGINS, v. STATE FARM FIRE AND CASUALTY COMPANY, L. v., 894 So. 2d 5 (Fla. 2004)

. . . exercise of the general powers conferred in section 86.011; (3) the part of the Act, now found in section 86.071 . . . We agree with the Fourth District that sections 86.011(2), 86.051, 86.071, and 86.101 support the conclusion . . . Section 86.071 expressly provides a mechanism for jury trials when an action under the Act concerns the . . . legislature did not contemplate some fact finding in declaratory actions, it is curious why section 86.071 . . . CONCLUSION On the basis of sections 86.011(2), 86.051, 86.071, and 86.101, as well as with an understanding . . .

C. A. T. LLC. v. ISLAND DEVELOPERS, LTD., 827 So. 2d 373 (Fla. Dist. Ct. App. 2002)

. . . Section 86.071 provides specifically for the determination of issues of fact as in other civil actions . . .

STATE FARM FIRE AND CASUALTY COMPANY, v. B. HIGGINS, L. f k a L. f k a, 788 So. 2d 992 (Fla. Dist. Ct. App. 2001)

. . . Compare § 87.08, Fla.Stat. (1951) with § 86.071, Fla.Stat. (2000). . . .

SOUTHERN FARM BUREAU CASUALTY INSURANCE COMPANY, v. PRO LOCKSHOP, INC., 681 So. 2d 840 (Fla. Dist. Ct. App. 1996)

. . . . § 86.071, Fla. Stat. (1995). . . .

ALLSTATE INSURANCE COMPANY, v. CONDE,, 595 So. 2d 1005 (Fla. Dist. Ct. App. 1992)

. . . legislature did not contemplate some fact finding in declaratory actions, it is curious why section 86.071 . . .

VALIANTE, v. ALLSTATE INSURANCE COMPANY, a, 462 So. 2d 590 (Fla. Dist. Ct. App. 1985)

. . . Allstate now concedes that under section 86.071, Florida Statutes (1983), Vahante has a right to a jury . . .

BOARD OF TRUSTEES, TOWN OF PALM BEACH EMPLOYEES RETIREMENT SYSTEM, v. F. CONNOR,, 453 So. 2d 910 (Fla. Dist. Ct. App. 1984)

. . . appellee to a de novo consideration of the issue ultimately determined by the jury pursuant to section 86.071 . . .

F. R. W. P. INC. a v. HOME INSURANCE COMPANY, a A- a, 450 So. 2d 914 (Fla. Dist. Ct. App. 1984)

. . . . § 86.071, Fla.Stat. (1983); Gerstein v. . . .

CORAL GABLES FEDERAL SAVINGS AND LOAN ASSOCIATION, v. CITY OF LIGHTHOUSE POINT, a, 444 So. 2d 92 (Fla. Dist. Ct. App. 1984)

. . . One of the best kept secrets by the parties in this case is the existence of Section 86.071, Florida . . .

PETROU, v. SOUTH CAROLINA INSURANCE COMPANY,, 435 So. 2d 316 (Fla. Dist. Ct. App. 1983)

. . . trial the carrier made a motion to withdraw its demand for jury trial and stated that under Section 86.071 . . .

B. WEIRES a k a v. P. RUSSO,, 421 So. 2d 670 (Fla. Dist. Ct. App. 1982)

. . . O’Rourke, 321 So.2d 612 (Fla. 2d DCA 1975); Section 86.071 Florida Statutes (1981). . . .

COOLEY v. CODY, 377 So. 2d 796 (Fla. Dist. Ct. App. 1979)

. . . Section 86.071, Fla.Stat. (1977), authorizes jury trials in actions brought for declaratory relief as . . .

C. LAMBERT E. v. E. JUSTUS F., 313 So. 2d 140 (Fla. Dist. Ct. App. 1975)

. . . . § 86.071 (1973). The procedure followed in Sinclair and Batman makes sense. . . .

COMMODORE PLAZA AT CENTURY CONDOMINIUM ASSOCIATION, INC. a v. CENTURY COMMODORE PLAZA INC. a, 290 So. 2d 539 (Fla. Dist. Ct. App. 1974)

. . . . § 86.071, F.S.A. . . . Fla.Stat. § 86.071, F.S.A., pertaining to declaratory judgments, reads as follows: “When an action under . . .

NEW AMSTERDAM CASUALTY COMPANY, v. INTERCITY SUPPLY CORPORATION, a, 212 So. 2d 110 (Fla. Dist. Ct. App. 1968)

. . . (now F.S.1967, Section 86.071, F.S.A.) which provides for the use of a jury to determine factual issues . . .