GABBY JOLIBOIS
v.
THE SCHOOL BOARD OF MIAMI-DADE COUNTY
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Gabby Jolibois appealed a circuit court decision dismissing her declaratory judgment action against the Miami-Dade County School Board and related parties. The Third District Court of Appeal affirmed the dismissal, holding that declaratory relief is inappropriate when an earlier-filed suit provides a full remedy for the plaintiff's claims.
The court affirmed the dismissal of the declaratory action, holding that when a declaratory action concerns issues that are the subject of an earlier-filed suit in which the plaintiff can secure full relief, the trial court should not consider the request for declaratory relief.
[1] A trial court should decline to entertain a declaratory judgment action when the issues presented are already the subject of an earlier-filed suit in which the plaintiff…
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Join FLexlaw to unlock all legal intelligence“When the issue presented in a declaratory action is the subject of an earlier filed suit in which the plaintiff can secure full relief, the trial court should not consider the request for declaratory relief.”
The primary holding establishing that declaratory relief is barred when an earlier-filed suit provides adequate alternative remedy.
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Join FLexlaw to unlock all legal intelligenceGabby Jolibois filed a declaratory action against the School Board of Miami-Dade County, Superintendent Jose L. Dotres, and Djenanne Jolibois. The cas…
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Walter J. Harvey, General Counsel, Jordan A. Madrigal, Associate General Counsel, and Sara M. Marken, Associate General Counsel, for appellees The School Board of Miami-Dade County, Florida, and Superintendent Jose L. Dotres; Nathan Soowal, P.A., and Nathan A. Soowal (Pompano Beach), for appellee Djenanne Jolibois. Before LINDSEY, GORDO and LOBREE, JJ.
PER CURIAM.
Affirmed. See State, Dep’t of Env’t Prot. v. Garcia, 99 So. 3d 539, 546 (Fla. 3d DCA 2011) (“When the issue presented in a declaratory action is the subject of an earlier filed suit in which the plaintiff can secure full relief, the trial court should not consider the request for declaratory relief.”); see also Thompson v. State, 759 So. 2d 650, 660 (Fla. 2000) (“[A] court’s questioning of parties as to their position does not alone constitute legally sufficient grounds for disqualification.”).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Thompson v. State, 759 So. 2d 650 (Fla. 2000)
- State of Fla. Dep't OF Env't Prot. v. Garcia, 99 So. 3d 539 (Fla. 3d DCA 1989)