MUSIC ROYALTY CONSULTING, INC.
v.
AMERICAN SOCIETY OF COMPOSERS, AUTHORS AND PUBLISHERS
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Music Royalty Consulting appealed a lower court decision regarding a declaratory judgment claim against ASCAP. The Third District affirmed the lower court's decision, holding that the claim accrued when the parties' interests under an oral contract became adverse, and that a party cannot remain willfully ignorant of readily ascertainable information.
A claim for declaratory judgment accrues when the parties' interests under an oral contract become adverse. A party cannot shut their eyes or ears to information and claim lack of notice; the law will not permit willful ignorance when the means of knowledge is at hand.
[1] A claim for declaratory judgment accrues when the parties' interests under an oral contract become adverse, and a party cannot remain willfully ignorant of information th…
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Join FLexlaw to unlock all legal intelligence“holding that claim for declaratory judgment accrued when plaintiff became aware that parties' interests under oral contract became adverse”
Establishes the trigger point for accrual of declaratory judgment claims in oral contract disputes
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Join FLexlaw to unlock all legal intelligenceThe case involves Music Royalty Consulting, Inc. and the American Society of Composers, Authors and Publishers (ASCAP) with respect to rights and obli…
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PER CURIAM.
Affirmed. See Engelke v. Logan, 392 So. 3d 254, 260 (Fla. 2d DCA 2024) (holding that claim for declaratory judgment accrued when plaintiff became aware that parties’ interests under oral contract became adverse);
see also Sutton Enters., Ltd. v. Santa Clara Constr. Co., 767 So. 2d 547, 549 (Fla. 3d DCA 2000) (“A person [or business entity] has no right to shut his eyes or ears to information, and then say that he has no notice. The law will not permit him to remain wilfully ignorant of a thing readily ascertainable by whatever party puts him on inquiry, when the means of knowledge is at hand.” (quotations omitted)).
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Citator
Cited By
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Music Royalty Consulting, Inc. v. Am. Soc'y of Composers, 392 So. 3d 254 (Fla. 3d DCA 2025)…, Judge. Shahady & Wurtenberger, P.A., and John J. Shahady (Fort Lauderdale), for appellant. Holland & Knight LLP, and Rebecca M. Plasencia, for appellee. Before LINDSEY, BOKOR and GOODEN, JJ. PER CURIAM. 2 Affirmed. See Engelke v. Logan, 392 So. 3d 254, 260 (Fla. 2d DCA 2024) (holding that claim for declaratory judgment accrued when plaintiff became aware that parties’ interests under oral contract became adverse); see also Sutton Enters., Ltd. v. Santa Clara Constr. Co., 767 So. 2d 547, 549 (…
Authorities Cited
- Sutton Enters., Ltd. v. Santa Clara Constr. Co., Inc., 767 So. 2d 547 (Fla. 3d DCA 2000)
- Music Royalty Consulting, Inc. v. Am. Soc'y of Composers, 392 So. 3d 254 (Fla. 3d DCA 2025)