86.071

Jury trials.

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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.

Notes of Decisions

Cited in 17 cases (1 in the last 5 years), 1968–2024 · leading case: Higgins v. State Farm Fire and Cas. Co.

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Higgins v. State Farm Fire and Cas. Co. (2004) fla · cites it 3× “011; (3) the part of the Act, now found in section 86.071, which provides for jury trials when an action under the Act concerns the determination of an issue of fact; or (4) the part of the Act, now found in section 86.”

State Farm Fire and Casualty Co. v. Higgins (2001) fladistctapp · cites it 2× “Both versions of the statute provided that "[a] contract may be construed either before or after there has been a breach" thereof.”

Commodore Plaza, Etc. v. Century 21, Etc. (1974) fladistctapp · cites it 4× “provides: "(3) When the initial pleading does not show that the action is founded on a duly recorded instrument, or on a mechanic's lien, the court may control and discharge the notice of lis pendens as the court may grant and dissolve injunctions.”

Allstate Ins. Co. v. Conde (1992) fladistctapp “If the legislature did not contemplate some fact finding in declaratory actions, it is curious why section 86.071 provides that "a determination of an issue of fact" may be submitted to a jury.”

Valiante v. Allstate Insurance Co. (1985) fladistctapp · cites it 2× “Allstate now concedes that under section 86.071, Florida Statutes (1983), Valiante has a right to a jury trial on the factual issues should the legal questions presented in his complaint be decided in Valiante's favor.”

FRWP, INC. v. Home Ins. Co. (1984) fladistctapp · cites it 2× “[1] The trial court was undoubtedly correct to assume that the disposition of the counterclaim and the third party action, declaring the rights of and between the parties, would be "more orderly" disposed of in a non-jury trial.”

Mercury Ins. Co. of Florida v. Cooper (2005) fladistctapp “5th DCA 1992)("If the legislature did not contemplate some fact finding in declaratory actions, it is curious why section 86.071 provides that `a determination of an issue of fact' may be submitted to a jury.”

Petrou v. South Carolina Ins. Co. (1983) fladistctapp · cites it 2× “The matter was reset for a jury trial but on the morning of trial the carrier made a motion to withdraw its demand for jury trial and stated that under Section 86.071, Florida Statutes (1981), the court had discretion whether to submit questions of fact to a jury.”

New Amsterdam Cas. Co. v. Intercity Supply Corp. (1968) fladistctapp “1967, Section 86.071, F.S.A.) which provides for the use of a jury to determine factual issues in declaratory judgment suits.”

Coral Gables Federal Savings & Loan Ass'n v. City of Lighthouse Point (1984) fladistctapp · cites it 2× “One of the best kept secrets by the parties in this case is the existence of Section 86.071, Florida Statutes (1981), which provides in part: 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…”

Cooley v. Cody (1979) fladistctapp “Section 86.071, Fla. Stat. (1977), authorizes jury trials in actions brought for declaratory relief as follows: "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…”

C.A.T. LLC. v. Island Developers, Ltd. (2002) fladistctapp “Section 86.071 provides specifically for the determination of issues of fact as in other civil actions.”

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