Subject to division (B) of section 2721.02 of the Revised Code, a contract may be construed by a declaratory judgment or decree either before or after there has been a breach of the contract.
Notes of Decisions
Cited in 20
cases (7 in the last 5 years), 1983–2025 · leading case: Mid-Am. Fire & Cas. Co. v. Heasley, 113 Ohio St. 3d 133 (Ohio 2007).
Mid-Am. Fire & Cas. Co. v. Heasley, 113 Ohio St. 3d 133 (Ohio 2007). “R.C. 2721.04. The purpose of a declaratory judgment action is to dispose of “uncertain or disputed obligations quickly and conclusively,” and to achieve that end, the declaratory judgment statutes are to be construed “liberally.”
Nfc Acquisition, LLC v. Comerica Bank, 640 F. Supp. 2d 964 (N.D. Ohio 2009). · cites it 2ד” O.R.C. § 2721.04. Hickory Hill is a “person interested” under the Subordinated Participation Agreement, Letter of Intent and Forbearance Agreement, such that it has, at least, a colorable claim under the Ohio declaratory judgment statute.”
Preferred Risk Ins. v. Gill, 507 N.E.2d 1118 (Ohio 1987). “) Moreover, R.C. 2721.04 provides that “[a] contract may be construed by a declaratory judgment either before or after there has been a breach thereof.”
Savoy Hosp., L.L.C. v. 5839 Monore St. Assocs., L.L.C., 2015 Ohio 4879 (Ohio Ct. App. 2015). “See also R.C. 2721.04 (“a contract may be construed by a declaratory judgment or decree either before or after a breach of the contract”).”
Blackwell v. Int'l Union, United Auto Workers, 458 N.E.2d 1272 (Ohio Ct. App. 1983). “R.C. 2721.04 specifically permits construction of a contract by declaratory judgment prior to breach.”
PHH Mtge. Corp. v. Barker, 2019 Ohio 5301 (Ohio Ct. App. 2019). “See also R.C. 2721.04 (“a contract may be construed by a declaratory judgment or decree either before or after a breach of the contract”).”
Westlake v. Cleveland, 2021 Ohio 2929 (Ohio Ct. App. 2021). “Standard of Review The decision of the trial court declared the obligations of the parties to a contract pursuant to R.C. 2721.04. “In reviewing a declaratory judgment case, legal questions are subject to de novo review whereby no deference is given to the trial court’s decision…”
Indiana Ins. v. Forsmark, 826 N.E.2d 915 (Ohio Ct. App. 2005). “” R.C. 2721.04 is in accord with this provision, stating that “a contract may be construed by a declaratory judgment or decree either before or after a breach of the contract.”
Shops at Boardman Park, L.L.C. v. Target Corp., 2016 Ohio 7283 (Ohio Ct. App. 2016). “” {¶11} A trial court’s determination of matters of law in a declaratory judgment action are reviewed de novo on appeal.”
Dawkins v. Hashi (S.D. Ohio 2023). · cites it 8דThe Removing Defendants’ argument is that Plaintiff cannot seek a court ruling on a potential claim that the non-diverse Defendants have not yet brought.”
Rose v. Primal Ability, Ltd., 2014 Ohio 3610 (Ohio Ct. App. 2014). “Under R.C. 2721.04, "a contract may be construed by a declaratory judgment or decree either before or after there has been a breach of the contract.”
Pesec v. Roto-Die, Inc., 2011 Ohio 6288 (Ohio Ct. App. 2011). “01 of the Revised Code, municipal ordinance, township resolution, contract, or franchise may have determined any question of construction or validity arising under the instrument, constitutional provision, statute, rule, ordinance, resolution, contract, or franchise and obtain a…”
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