Courts of record may refuse to render or enter a declaratory judgment or decree under this chapter if the judgment or decree would not terminate the uncertainty or controversy giving rise to the action or proceeding in which the declaratory relief is sought.
Notes of Decisions
Cited in 37
cases (3 in the last 5 years), 1955–2025 · leading case: Trinity Health Sys. v. Mdx Corp., 907 N.E.2d 746 (Ohio Ct. App. 2009).
Trinity Health Sys. v. Mdx Corp., 907 N.E.2d 746 (Ohio Ct. App. 2009). · cites it 2ד{¶ 38} Usually, a court may only dismiss a declaratory-judgment action when there is no controversy or justiciable issue between the parties, or when declaratory judgment will not terminate the uncertainty or controversy, pursuant to R.C. 2721.07. AEI Group, Inc. v. Ohio Dept.”
Perkins v. Columbus Bd. of Edn., 2014 Ohio 2783 (Ohio Ct. App. 2014). · cites it 2דggest an implied or express private right of action for intentional and malicious attendance and grade manipulation, and further in dismissing Appellant's equitable claims on grounds other than there being no real controversy of justiciable issue between the parties; and/or…”
Harris v. Ohio Dep't of Vets. Servs., 2018 Ohio 2165 (Ohio Ct. App. 2018). · cites it 2ד" 'There are only two reasons for dismissing a complaint for declaratory judgment before the court addresses the merits of the case: (1) there is neither a justiciable issue nor an actual controversy between the parties requiring speedy relief to preserve rights which may be…”
Wagner v. City of Cleveland, 574 N.E.2d 533 (Ohio Ct. App. 1988). “Defendants’ first assignment of error follows: *15 “Since the plaintiffs were pursuing an adequate administrative remedy the trial court erred by refusing to dismiss the action for declaratory and injunctive relief.”
Fioresi v. State Farm Mut. Auto. Ins. Co., 499 N.E.2d 5 (Ohio Ct. App. 1985). “245 ]; or (2) when the declaratory judgment will not terminate the uncertainty or controversy, under R.C. 2721.07, as in Walker v. Walker (1936), 132 Ohio St.”
Arnott v. Arnott, 2010 Ohio 5392 (Ohio Ct. App. 2010). “And under R.C. 2721.07 a court may refuse to render declaratory relief “if the judgment or decree would not terminate the uncertainty or controversy giving rise to the action or proceeding in which the declaratory relief is sought.”
Dart v. Katz, 2021 Ohio 1429 (Ohio Ct. App. 2021). “The request was contained in Count 8 of the Complaint and was directed to Katz, JHB, and Windsor.”
FRC Proj., L.L.C. v. Canepa Media Solutions, Inc., 2013 Ohio 259 (Ohio Ct. App. 2013). · cites it 3ד” R.C. 2721.07. {¶9} A proper claim for declaratory judgment must set forth sufficient facts to show “(1) a real controversy between the parties; (2) a controversy which is justiciable in character; and (3) a situation in which speedy relief is necessary to preserve the rights…”
Molnar v. Ohio Liquor Control Comm'n, 607 N.E.2d 112 (Ohio Ct. App. 1992). “The purpose of a declaratory judgment is to declare “ * * * rights, status, and other legal relations whether or not further relief is or could be claimed.”
Halley v. Ohio Co., 669 N.E.2d 70 (Ohio Ct. App. 1995). “” There are only two reasons for dismissing a complaint for declaratory judgment before the court addresses the merits of the case: (1) there is neither a justiciable issue nor an actual controversy between the parties requiring speedy relief to preserve rights which may…”
Carranor Woods Prop. Owners' Ass'n v. Driscoll, 153 N.E.2d 681 (Ohio Ct. App. 1957). · cites it 2דment below in favor of the defendant, without making a *97 declaration of rights of the parties, was affirmed by this court because of the failure of the plaintiff to submit definite plans and specifications to the defendant for approval prior to the commencement of the action…”
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