Florida Statutes

Fla. Stat. § 86.111 (2025)

Existence of another adequate remedy; effect.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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86.111 Existence of another adequate remedy; effect.—The existence of another adequate remedy does not preclude a judgment for declaratory relief. The court may order a speedy hearing of an action for a declaratory judgment and may advance it on the calendar. The court has power to give as full and complete equitable relief as it would have had if such proceeding had been instituted as an action in chancery.

History.—s. 12, ch. 21820, 1943; s. 2, ch. 29737, 1955; s. 38, ch. 67-254.

Note.—Former s. 87.12.

Notes of Decisions

Cited in 23 cases (2 in the last 5 years), 1969–2024 · leading case: McIntosh v. Harbour Club Villas Condo. Ass'n, 468 So. 2d 1075 (Fla. 3d DCA 1985).

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McIntosh v. Harbour Club Villas Condo. Ass'n, 468 So. 2d 1075 (Fla. 3d DCA 1985). · cites it 6× “Although declaratory relief is not precluded by the existence of another adequate remedy, § 86.111, Fla. Stat. (1983), such does bear on the proper exercise of the court's discretion in granting such relief, and the court may decline to grant a declaratory decree where more…”

Price v. Tyler, 890 So. 2d 246 (Fla. 2004). · cites it 2× “See § 86.111, Fla. Stat. (2001). For this reason, the Fourth District was correct in affirming the final judgment as the circuit court had the power to enter a judgment quieting title.”

Orange Cnty. v. Expedia, Inc., 985 So. 2d 622 (Fla. 5th DCA 2008). · cites it 4× “§ 86.111, Fla. Stat. It is well settled that to obtain declaratory relief, a party must show that: [T]here is a bona fide, actual, present practical need for declaration; that the declaration should deal with present, ascertained or ascertainable state of facts or present…”

Sch. Bd. of Leon Cnty. v. Mitchell, 346 So. 2d 562 (Fla. 1st DCA 1977). · cites it 2× “Chapter 86 is both substantive and remedial, and is to be liberally construed.”

Kelner v. Woody, 399 So. 2d 35 (Fla. 3d DCA 1981). · cites it 2× “Moreover, although the existence of other remedies does not preclude declaratory judgment, section 86.111, Florida Statutes (1979), it does bear on the proper exercise of the court's discretion in granting such relief, and the court may decline to grant a declaratory decree…”

Metro. Dade Cnty. v. Sunlink Corp., 642 So. 2d 551 (Fla. 3d DCA 1993). · cites it 4× “(1989); see § 86.111, Fla. Stat. (1989) ("The existence of another adequate remedy does not preclude a judgment for declaratory relief.”

City of Coral Springs v. Florida Nat. Props., 340 So. 2d 1271 (Fla. 4th DCA 1976). · cites it 2× “A complaint must, standing alone, state a cause of action; an insufficient complaint cannot be saved from a motion to dismiss by testimony at a hearing.”

Miami Dolphins, Ltd. v. GENDEN & BACH, PA, 545 So. 2d 294 (Fla. 3d DCA 1989). · cites it 2× “The meaning of that provision of the contract was unclear and our declaratory judgment law gives a right to seek interpretation of contracts in the circuit court in such circumstances.”

MacIejewski v. Holland, 441 So. 2d 703 (Fla. 2d DCA 1983). · cites it 2× “§ 86.111, Fla. Stat. (1981). Accordingly, the appellant cannot be precluded from proceeding in this action merely because she may have been able to file an action either for cancellation of the note and mortgage, or for breach of the contract between her and the appellees.”

Angelo's Aggregate Materials, Ltd. v. Pasco Cnty., 118 So. 3d 971 (Fla. 2d DCA 2013). · cites it 2× “§ 86.111, Fla. Stat. Thus we are called upon to decide whether the circuit court could hear the case for a declaratory action.”

Conley v. Morley Realty Corp., 575 So. 2d 253 (Fla. 3d DCA 1991). · cites it 2× “" § 86.111, Fla. Stat. (1989). The order of dismissal must therefore be reversed.”

Heritage Prop. & Cas. Ins. Co. v. Romanach, 224 So. 3d 262 (Fla. 3d DCA 2017). · cites it 2× “” § 86.111, Fla. Stat. (2015). 4 Conclusion Given the present posture of this case, we stress that the only issue we consider on this appeal is whether Heritage has stated a valid cause of action for declaratory relief in its petition.”

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