CopyCited 104 times | Published | Court of Appeals for the Eleventh Circuit | 1983 U.S. App. LEXIS 15734
...s under that section. Nevertheless, we construe the court’s action as having granted Wymbs relief on his § 1983 claim in each count of his complaint. 4 . These figures are for December 1979, (he month before this suit was filed. 5 . Fla.Stat.Ann. § 86.091 requires that “[if a state] statute, charter, ordinance or franchise is alleged to be unconstitutional, the Attorney General or the state attorney of the judicial circuit in which the action is pending shall be served with a copy of the complaint and be entitled to be heard.” Id (1983 Supp.)....
CopyCited 40 times | Published | Supreme Court of Florida
...Both Annie and Dennis Everheart admit that appellant is the natural father of the children listed in appellant's complaint. [4] Since appellant challenged the constitutionality of section
742.011, Florida Statutes, the state, acting through the Attorney General, intervened in the case pursuant to section
86.091, Florida Statutes, [5] to defend the constitutionality of the challenged statute....
...Dennis Everheart filed an answer generally denying appellant's allegations but subsequently sent a letter to appellant's attorney declaring that he was not the father of the two minor children whose birth certificates named him as their father. [5] Section 86.091, Florida Statutes (1977), provides in pertinent part: If the statute, charter, ordinance, or franchise is alleged to be unconstitutional, the Attorney General or the State Attorney of the judicial circuit in which the action is pending shall be served with a copy of the complaint and be entitled to be heard....
CopyCited 31 times | Published | District Court, S.D. Florida | 1996 U.S. Dist. LEXIS 5399, 1996 WL 197367
...junction, and the parties were heard on June 8, 1995. On June 2, 1995 the Florida Attorney General filed a Motion to Intervene as well as a Response in Opposition to Plaintiff's Motion for Preliminary Injunction. The motion to intervene was based on § 86.091, Fla.Stat....
...y's fees. The Attorney General argues that as an intervenor, the state should not be liable for attorney's fees. As noted, the Attorney General of the State of Florida ("AG") intervened to defend the constitutionality of the challenged statute under § 86.091, Fla.Stat., and 28 U.S.C....
...The AG in the present case clearly played a pivotal role in the litigation. The AG defended the unconstitutional statute voluntarily and in doing so attempted to aid in the offending statute's enforcement. The AG intervened in this matter pursuant to Florida Statute § 86.091 which states that the AG "shall be served with a copy of the complaint and be entitled to be heard" in any proceeding concerning the constitutionality of a Florida statute. Id. The AG argues that § 86.091 imposes a statutory duty upon the state to defend all constitutionally challenged statutes. The Court, to the contrary, finds intervention by the AG under § 86.091 to be discretionary....
...217,
34 So.2d 243 (1948). The AG is thus not affirmatively required to intervene every time an entity challenges the constitutionality of a statute. Rosenfeld v. Lu,
766 F.Supp. 1131, 1133-34 (S.D.Fla.1991). Upon receipt of the complaint pursuant to §
86.091, the AG could have filed with the Court a notice of acknowledgment declining to defend the statute as the AG did in Rosenfeld....
CopyCited 29 times | Published | District Court, S.D. Florida | 1969 U.S. Dist. LEXIS 9950
...Included in his powers is the direction and supervision of the state's attorneys in the discharge of their duties, Fla. Statute §
16.09, F.S.A. And, when the constitutionality of a state statute is drawn in question, the state requires that he (or a state's attorney) be made a party. Fla. Statute §
86.091, F.S.A....
CopyCited 27 times | Published | Supreme Court of Florida
...e provisions of Fla. Stat. §
86.061, relating to supplemental relief, should apply. Article III, § 16(c)'s pronouncement that our judgment in this proceeding "shall be binding upon all citizens of the State" is merely a nullification of Fla. Stat. §
86.091, relating to parties, which holds that no declaration shall prejudice the rights of persons not parties to the proceedings....
CopyCited 14 times | Published | Florida 3rd District Court of Appeal | 1997 WL 361853
...Magnetic attempts to escape the dictates of section
627.736(5) by challenging the constitutionality of that statute. We find no merit in Magnetic's constitutional arguments for three reasons. First, Magnetic has not served the Attorney General with a copy of its complaint as required by the Florida Statutes. See §
86.091, Fla.Stat....
CopyCited 13 times | Published | Supreme Court of Florida
...appellee print verbatim his replies to two editorials printed therein attacking appellant's personal character. The appellee refused and Tornillo filed complaint for declaratory and injunctive relief and punitive damages. Pursuant to Florida Statute 86.091, F.S.A., the Attorney General of this State was advised that appellee intended to contest the constitutionality vel non of Florida Statute 104.38, F.S.A....
CopyCited 13 times | Published | Florida 3rd District Court of Appeal | 2006 Fla. App. LEXIS 21309, 2006 WL 3734270
...Before any proceeding for declaratory relief is entertained, all persons who have an actual, present, adverse, and antagonistic interest in the subject matter should be before the court. See Florida Dep't of Educ. v. Glasser,
622 So.2d 944, 948 (Fla. 1993). See also §
86.091, Fla....
CopyCited 12 times | Published | Florida 2nd District Court of Appeal | 1993 WL 496042
...nd to avoid extensive quotations from that opinion, we attach a copy of that circuit court opinion as Appendix A. [3] The Attorney General was properly notified of this action because of the challenge to the constitutionality of a state statute. See § 86.091, Fla....
CopyCited 10 times | Published | Florida 1st District Court of Appeal | 2002 WL 31251017
...g: "Defendant State of Florida is a sovereign state, obligated to follow the limitations on its authority found in the organic act of the People of Florida in promulgating the Florida Constitution." Although the state may be made a party pursuant to section 86.091, Florida Statutes (1999), allowing the attorney general to be served with a copy of the complaint whenever a statute is alleged to be unconstitutional, it is obvious that the statutory authorization does not create the adverse or antag...
CopyCited 10 times | Published | Supreme Court of Florida
...The well-reasoned decision of the chancellor below amply sustains his conclusions that the act is violative of the above provision of the Florida Constitution. Appellants question that portion of the questioned judgment holding that the plaintiffs had sufficiently complied with the requirements of F.S. Section 86.091, F.S.A., relative to serving a copy of the complaint upon the Attorney General or the State Attorney of the judicial circuit in which the action was filed....
...apprised of the contents of the complaint, though not formally served by the sheriff or his deputy, and he has informed the Court he does not desire or intend to file any pleadings or attend any hearings in this cause. Therefore, the objects of Sec. 86.091 have been accomplished....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 2004 WL 1809862
...l interest in the outcome of this declaratory judgment action. The trial court ordered and adjudged that "nothing adjudicated in this action will be binding or have any effect by way of res judicata, [or] collateral estoppel" on the intervenors. See § 86.091, Fla....
...st Physicians Group and one or two of its doctors, on one side, and the Pagans, on the other side. The language could be misread to have binding effect on the intervenors or other nonparties. However, the trial court clearly did not intend this, and section 86.091 does not permit it....
CopyCited 7 times | Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 494, 2010 Fla. LEXIS 1507, 2010 WL 3488983
...This rule clarifies that, with respect to challenges to a state statute or municipal charter, ordinance, or franchise, service of the notice does not require joinder of the Attorney General or the state attorney as a party to the action; however, consistent with section 86.091, Florida Statutes, the Florida Attorney General or applicable state attorney has the discretion to participate and be heard on matters affecting the constitutionality of a statute....
...1973) (Attorney General may choose to participate in appeal even though he was not required to be a party at the trial court). The rule imposes a new requirement that the party challenging the statute, charter, ordinance, or franchise file verification with the court of compliance with section 86.091, Florida Statutes....
...1996 Amendment. This is a substantial revision of form 1.923 to comply with the requirements of section
83.60, Florida Statutes, as amended in 1993. FORM 1.975. NOTICE OF COMPLIANCE WHEN CONSTITUTIONAL CHALLENGE IS BROUGHT NOTICE OF COMPLIANCE WITH SECTION
86.091, FLORIDA STATUTES The undersigned hereby gives notice of compliance with Fla....
...________________ Attorney for.................... Florida Bar No.................. Address......................... Telephone No.................... Committee Notes 2010 Adoption. This form is to be used to provide notice of a constitutional challenge as required by section 86.091, Florida Statutes. See rule 1.071. This form is to be used when the Attorney General or the State Attorney is not a named party to the action, but must be served solely in order to comply with the notice requirements set forth in section 86.091....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 2012 WL 4010964, 2012 Fla. App. LEXIS 15236
...vice. Meadows Cmty. Ass’n, 928 So.2d at 1279 (quoting May v. Holley,
59 So.2d 636, 639 (Fla.1952)). “When declaratory relief is sought, all persons may be made parties who have or claim any interest which would be affected by the declaration.” §
86.091, Fla....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2002 WL 31355246
...The House Joint Resolution 1987 court noted that the equal protection standards of the Florida Constitution applied in voting rights cases "are not more stringent than the requirements under the United States Constitution."
817 So.2d at 824. [9] See §
86.091, Fla....
CopyCited 6 times | Published | Florida 5th District Court of Appeal
...as the defendant healthcare provider. We remand this matter to the trial court for further proceedings. If the trial court finds that Respondent complied with and continues to comply with the requirements of Florida Rule of Civil Procedure 1.071 and section 86.091, Florida Statutes (2017), it shall consider the constitutional issues that Respondent previously raised....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 12 Fla. L. Weekly 1685, 1987 Fla. App. LEXIS 9268
...been resolved. Therefore, the Allens urge that the city's appeal is premature and should be dismissed. We agree. A party who seeks a declaratory judgment may join all parties who have or claim any interest which would be affected by the declaration. Section 86.091, Fla....
CopyCited 5 times | Published | Florida 5th District Court of Appeal
...y challenging the constitutionality of that statute. We find no merit in Magnetic's constitutional arguments for three reasons. First, Magnetic has not served the Attorney General with a copy of its complaint as required by the Florida Statutes. See § 86.091, Fla....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2000 WL 1675588
...ellants' first argument for intervention. That is a misapprehension of what the declaratory judgment in this case could do. The Declaratory Judgment Act states: "[n]o declaration shall prejudice the rights of persons not parties to the proceedings." § 86.091, Fla....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 1991 Fla. App. LEXIS 5996, 1991 WL 111489
...All persons having an interest in the subject matter should be before the court: When declaratory relief is sought, all persons may be made parties who have or claim any interest which would be affected by the declaration. No declaration shall prejudice the rights of persons not parties to the proceedings. Section 86.091, Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2004 WL 1439872
...As an initial matter, appellees (who are primarily hospitals or healthcare-related entities) contend that, because the Attorney General of Florida (who represented AHCA in the trial court) has elected not to participate in this appeal in any capacity, section 86.091, Florida Statutes (2003), requires that we dismiss the appeal....
...They point out that neither AHCA nor the Attorney General has elected to participate in the appeal. According to appellees, because the Attorney General is not a participant in the appeal, we are obliged to dismiss for lack of either a necessary or an indispensable party. In support of their position, they rely on section 86.091, Florida Statutes (2003), and dicta in Brown v....
...We find appellees' argument unpersuasive. In the first place, while AHCA has apparently elected not to participate actively in this appeal, by virtue of Florida Rule of Appellate Procedure 9.020(g)(2) it remains a party, as an appellee. Moreover, we can find no support in section 86.091 for the proposition that the Attorney General is *800 either a necessary or an indispensable party to this appeal. To the extent pertinent, section 86.091 (which is a part of the chapter entitled "Declaratory Judgments") reads merely that, "[i]f [a] statute, charter, ordinance, or franchise is alleged to be unconstitutional, the Attorney General or the state attorney of the judicial circ...
...is the Attorney General," id. at 689-90, and that it defined an "indispensable party" as "a party without whom the action cannot proceed." Id. at 690 n. 9. However, the statement is pure dicta. Moreover, it is unsupported by any citation to authority other than section 86.091 which, as we have said, does not appear to support such a construction....
...ney General shall be a necessary party when the constitutionality of an act is assailed. It only provides that he shall be `heard.'" The court also said: It is evident that the intent and purpose of this Section 87.10 [the predecessor to what is now section 86.091] ......
...At least one federal court has reached a similar conclusion regarding the purpose of the statute. In Mallory v. Harkness,
923 F.Supp. 1546, 1553 (S.D.Fla.1996), aff'd,
109 F.3d 771 (11th Cir.1997) (table), the court said: The [Attorney General] intervened in this matter pursuant to Florida Statute §
86.091.... The [Attorney General] argues that §
86.091 imposes a statutory duty upon the state to defend all constitutionally challenged statutes. The Court, to the contrary, finds intervention by the [Attorney General] under §
86.091 to be discretionary....
...217,
34 So.2d 243 (1948). The [Attorney General] is thus not affirmatively required to intervene every time an entity challenges the constitutionality of a statute. Rosenfeld v. Lu,
766 F.Supp. 1131, 1133-34 (S.D.Fla. 1991). Upon receipt of the complaint pursuant to §
86.091, the [Attorney General] could have filed with the Court a notice of acknowledgment declining to defend the statute as the [Attorney General] did in Rosenfeld....
...Given the decisions in Watson and Mayo, we decline to follow the dicta from Brown upon which appellees rely. It is apparent that the Attorney General participated in the litigation at the trial level, as counsel for AHCA, and that he is aware of this appeal. Accordingly, it is equally apparent that the requirements of section 86.091 have been met, and that the presence of the Attorney General is not required in this appeal....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1992 WL 179420
...At the hearing, the attorney general filed a notice of appearance and moved for a dismissal or, in the alternative, postponement of the final hearing, alleging that the school board failed to serve the real party in interest, either the State Board of Education or DOE. The trial court denied the motion. Pursuant to section 86.091, Florida Statutes (1989), the trial court allowed the attorney general to participate in the hearing and defend the constitutionality of the challenged laws....
...To grant the relief requested by the school board, it was necessary for the trial court to order the tax collector to collect and remit a certain amount based on the trial court's declaration. Accordingly, the tax collector's interest was sufficient to create a bona fide and practical need for declaration pursuant to section 86.091....
...lenged legislation to make a determination as a matter of law. See Department of Revenue v. Florida Home Builders Ass'n,
564 So.2d 173 (Fla. 1st DCA 1990), review denied,
576 So.2d 286 (Fla.), appeal dismissed,
581 So.2d 164 (Fla. 1991). Pursuant to section
86.091, the *1007 attorney general participated in the final hearing and strenuously defended this case, arguably on behalf of DOE....
...Doyle,
407 So.2d 348 (Fla. 4th DCA 1981). Since the trial court found the challenged laws facially unconstitutional, postponement of the hearing to allow additional testimony or DOE's participation would not have changed the outcome. The specific terms of section
86.091 provide that the declaration will not prejudice the rights of any person not a party to the proceeding and state that all persons having an interest that would be affected by the declaration "may" be joined....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 1977 Fla. App. LEXIS 16413
...Without expressing any opinion as to the merits of a declaratory action involving those Dade County municipalities which have operative franchise agreements with FP&L, we find that municipalities in this class should have been joined if their rights were to be determined by declaratory decree. See Section 86.091, Florida Statutes (1975)....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 16833, 2009 WL 3763031
...Rosenthal,
407 So.2d 976 (Fla. 4th DCA 1981); Commodore Plaza at Century 21 Condo. Ass'n, Inc. v. Cohen,
378 So.2d 307 (Fla. 3d DCA 1979). Affirmed. NOTES [1] The Association gave notice of the action to the Attorney General, who declined to participate in the litigation. See §
86.091, Fla....
CopyCited 2 times | Published | District Court, S.D. Florida | 1980 U.S. Dist. LEXIS 14573
...(2) The department shall develop a plan for the implementation of a program of uniform subsidy payments to persons providing home care for the elderly. [2] Defendant also raises a question as to service of the Attorney General, as required by Local Rule 9 B and Florida Statutes § 86.091....
CopyCited 2 times | Published | Court of Appeals for the Eleventh Circuit
...lorida, and therefore has an interest in this proceeding and the issues herein involved.” Record on Appeal, vol. 1 at 4. Relying on Mayo v. National Truck Brokers, Inc.,
220 So.2d 11, 13 (Fla.1969), the district court concluded that Fla. Stat.Ann. §
86.091 (West Supp.1986) does not require joinder of the Attorney General as a necessary party in an action challenging the constitutionality of a state statute, and therefore granted the Attorney General’s motion to dismiss....
CopyCited 1 times | Published | District Court, S.D. Florida | 2015 U.S. Dist. LEXIS 177509, 2015 WL 10568888
...y provides coverage, in whole or in part, and a duty to defend Plaintiffs in the underlying tort proceeding brought by Ritten. The Amended Complaint states that Defendant Ritten is named in the suit as an interested party pursuant to Florida Statute § 86.091....
...between the parties and that Ritten was fraudulently joined to defeat diversity jurisdiction. Plaintiffs’ motion for remand contends there is no diversity of citizenship between the parties because Ritten is an interested party and Florida Statute § 86.091 1 requires that he is joined as a party to the lawsuit....
...ling matter in dispute.” Id. at (internal citations and quotation marks omitted). Plaintiff contends that Florida law requires Ritten in this action and the only effective way to join Ritten was to name him as a defendant. However, Florida Statute § 86.091 does not require that Rit-ten be named as a defendant, it simply requires that Ritten be included as an interested party....
...LLC, and Judith Diane Murphy’s (DE 4) Motion for Remand and Request for Attorney’s Fees and Costs (DE 4) is DENIED. DONE AND ORDERED in Chambers at West Palm Beach, Palm Beach County, Florida, this 4 th day of September, 2015. . Florida Statute § 86.091 provides in pertinent part: When declaratory relief is sought, all persons may be made parties who have or claim any interest which would be affected by the declaration. No declaration shall prejudice the rights of persons not parties to the proceedings. Florida Statute § 86.091 ....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 16641
and intended to clarify the requirements of section
86.091, Florida Statutes (2010), regarding notice
CopyCited 1 times | Published | Florida 5th District Court of Appeal
...as the defendant healthcare provider. We remand this matter to the trial court for further proceedings. If the trial court finds that Respondent complied with and continues to comply with the requirements of Florida Rule of Civil Procedure 1.071 and section 86.091, Florida Statutes (2017), it shall consider the constitutional issues that Respondent previously raised....
CopyPublished | Florida 2nd District Court of Appeal
...Village as a lien creditor so that any interest it might have in the
property would be decided in one suit. He asserts that Carrollwood
Village's interest in the property would be affected by a
determination of whether Citi Financial's title is void. See § 86.091,
Fla....
CopyPublished | Florida 4th District Court of Appeal
...The Insurer’s defense that the
underlying policy was void ab initio simply could not be determined as a
matter of law from the four corners of the statement of claim.
Moreover, we agree with Tower Radiology’s argument that, because it
was a non-party to the declaratory judgment action, the trial court violated
section 86.091, Florida Statutes (2021), when it relied on the final consent
judgment to dismiss the instant case. See § 86.091, Fla Stat....
CopyPublished | District Court of Appeal of Florida | 1969 Fla. App. LEXIS 5129
provisions of Chapter 86, Florida Statutes [F.S.A.], Section
86.091, it is provided that no declaration shall prejudice
CopyPublished | District Court of Appeal of Florida
constitutional challenge to a state statute. Section
86.091, Florida Statutes, provides that “[i]f the
CopyPublished | Supreme Court of Florida
...Moreover, as to
the challenge to section
105.071(3), the State of Florida was not given an
opportunity to be heard as to the constitutionality of the state statute. Although this
was not a state judicial proceeding for which notice to the State Attorney General
is required, see section
86.091, Florida Statutes, we are reluctant to rule on the
constitutionality of a statute without the State having had an opportunity to make
its position known....
CopyPublished | Supreme Court of Florida | 42 Fla. L. Weekly Fed. S 272, 2017 WL 822184, 2017 Fla. LEXIS 423
...Moreover, as to the challenge to section
105.071(3), the State of Florida was not given an opportunity to be heard as to the constitutionality of the state statute. Although this was not a state judicial proceeding for which notice to the State Attorney General is required, see section
86.091, Florida Statutes, we are reluctant to rule on the constitutionality of a statute without the State having had an opportunity to make its position known....
CopyPublished | Supreme Court of Florida | 42 Fla. L. Weekly Supp. 319, 2017 WL 1031456, 2017 Fla. LEXIS 598
...TITUTIONAL CHALLENGE
IS BROUGHT
(03/17)
When should this form be used?
You should use this form to provide notice of a constitutional challenge as required by section 86.091,
Florida Statutes. This form is to be used when the Attorney General or the State Attorney is not a named
party to the action, but must be served solely in order to comply with the notice requirements set forth
in section 86.091, Florida Statutes.
This form should be typed or printed in black ink....
...Where can I look for more information?
Before proceeding, you should read General Information for Self-Represented Litigants found at the
beginning of these forms. For further information, see Florida Family Law Rules of Procedure 12.071 and
section 86.091, Florida Statutes.
Remember, a person who is NOT an attorney is called a nonlawyer....
...Petitioner,
and
_______________________________ ,
Respondent.
NOTICE OF COMPLIANCE WHEN CONSTITUTIONAL CHALLENGE IS
BROUGHT
( ) Petitioner ( ) Respondent files this notice of compliance with section 86.091, Florida Statutes, and
hereby gives notice of compliance with Florida Family Law Rule of Procedure 12.071, with respect to the
constitutional challenge brought pursuant to ______________________ ( ) Florida Statute ( ) charter
( ) ordinance or ( ) franchise challenged _________________....
CopyPublished | Florida 2nd District Court of Appeal
...it to file a response addressing the constitutional issues raised. See Fla. Carry, Inc. v.
Univ. of N. Fla.,
133 So. 3d 966, 991 (Fla. 1st DCA 2013) (Makar, J., concurring)
(opining that the State should be given an opportunity to be heard when constitutional
issues arise); cf. §
86.091, Fla....
CopyPublished | Florida 4th District Court of Appeal
...constitutional challenge on appeal. Further, we agree with RJ Reynolds’s
argument that the trial court could not have properly considered the
constitutionality of the statute because the notice requirements of Florida
Rule of Civil Procedure 1.071 and section 86.091, Florida Statutes (2017),
requiring notice to the Attorney General or state attorney of the judicial
circuit where the action is pending, were not complied with....
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 16651
...The circuit court may wish to harmonize Section
447.309, and especially Section
447.309(3), Florida Statutes (1977), with Chapter 75-464. Compare Pinellas County Police Benevolent Ass’n v. Hillsborough County Aviation Authority,
347 So.2d 801 (Fla. 2d DCA 1979). . Section
86.091, Florida Statutes (1977), provides in part: Parties....
CopyPublished | Court of Appeals for the Eleventh Circuit
Smith, as a defendant solely because Fla.Stat. §
86.091 (1987) requires the plaintiff in a suit in state
CopyPublished | Florida 5th District Court of Appeal | 1996 WL 82735
...he agency maintains its headquarters or where a party resides_” Appellant suggests in her response to the show cause order that the Florida Department of Education, which has its headquarters in Tallahassee, was served and made a party pursuant to section 86.091, Florida Statutes, with respect to an argument raised in her initial brief that Florida Administrative Code *694 Rule 6A-6.03016 is unconstitutional....
CopyPublished | Florida 3rd District Court of Appeal | 2017 WL 621239, 2017 Fla. App. LEXIS 1993
...We note that, when the trial court entered its order on
appeal, it
did not have the benefit of Silvio Membreno’s incisive rational basis practicum.
6 We note that during the proceedings below, pursuant to rule 1.071 of the Florida
Rules of Civil Procedure and section 86.091 of the Florida Statutes, Garrido gave
the required notice to the Florida Attorney General of the constitutional question in
this case....
CopyPublished | Florida 3rd District Court of Appeal
...is sought, all persons may be made parties who have or claim any interest
4
which would be affected by the declaration. No declaration shall prejudice
the rights of persons not parties to the proceedings.” § 86.091, Fla....
CopyPublished | Florida 5th District Court of Appeal | 2002 Fla. App. LEXIS 952, 2002 WL 125608
...Rotstein and awarded attorney’s fees and costs in the amount of $12,699.26 pursuant to section
627.736(8), Florida Statutes (1999). State Farm urges that we dismiss the appeal because the Florida Attorney General was not joined in this action as required by section
86.091, Florida Statutes (1999), when the constitutionality of a statute is challenged....
CopyPublished | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 19301, 2009 WL 5126601
...ho have an ‘actual, present, adverse, and antagonistic interest in the subject matter’ should be before the court.” Fla. Dep’t of Educ. v. Glasser,
622 So.2d 944, 948 (Fla.1993) (quoting May v. Holley,
59 So.2d 636, 639 (Fla.1952)); see also §
86.091, Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2004 Fla. App. LEXIS 11826
...erest in the outcome of this declaratory judgment action. The trial court ordered and adjudged that “nothing adjudicated in this action will be binding or have any effect by way of res judicata, [or] collateral estoppel” on the in-tervenors. See § 86.091, Fla....
...st Physicians Group and one or two of its doctors, on one side, and the Pagans, on the other side. The language could be misread to have binding effect on the intervenors or other nonparties. However, the trial court clearly did not intend this, and section 86.091 does not permit it....
