GUION T. DELOACH AND GERTRUDE DELOACH, HIS WIFE, APPELLANTS,
v.
THREE BAYS PROPERTIES #2, INC., AND GABLES ESTATES CLUB, INC., APPELLEES
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The appellate court affirmed the trial court's dismissal of a complaint for declaratory relief, finding that the plaintiffs were not entitled to a declaration of rights because no present, existing controversy existed between the parties.
The plaintiffs were not entitled to a declaration of rights because there was no present, existing controversy between the parties at the time the complaint was dismissed.
“The record on appeal, viewed in a light most favorable to the appellants, fails to demonstrate that they were entitled to a declaration of rights at the time of the entry of the order here under review.”
Establishes the basis for the appellate court's review and initial finding.
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Join FLexlaw to unlock all legal intelligenceThe plaintiffs (appellants) filed a complaint seeking declaratory relief. The trial court dismissed their complaint. The plaintiffs appealed this dism…
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This is an appeal by the plaintiffs in the trial court, seeking a reversal of an adverse order dismissing their complaint for declaratory relief.
We affirm.
The record on appeal, viewed in a light most favorable to the appellants, fails to demonstrate that they were entitled to a declaration of rights at the time of the entry of the order here under review. Bryant v. Gary, Fla.1954, 70 So.2d 581; Colby, v. Colby, Fla.App.1960, 120 So.2d 797; Grable v. Hillsborough County Port Authority, Fla.App.1961, 132 So.2d 423. The most that a declaration could have done would have been to render an advisory opinion. Colby v. Colby, supra; Ashe v. City of Boca Raton, Fla.App.1961, 133 So.2d 122; Village of Virginia Gardens v. City of Miami Springs, Fla.App.1965, 171 So.2d 199. There was no- present existing controversy between the parties at the time the cause was dismissed. Colby v. Colby, supra; Grable v. Hillsborough County Port Authority, supra; Perry v. Genung, Fla. App.1964, 163 So.2d 54.
Therefore, the action of the chancellor be and the same is hereby affirmed.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Bryant v. Gray, 70 So. 2d 581 (Fla. 1954)
- Hasle v. Maasbrock, 120 So. 2d 797 (Fla. 3d DCA 1960)
- Ashe v. City OF Boca Raton, 133 So. 2d 122 (Fla. 2d DCA 1961)
- Warner E. Grable v. Hillsborough Cnty. Port Auth., 132 So. 2d 423 (Fla. 2d DCA 1961)
- Vill. OF Va. Gardens v. The City OF Miami Springs, 171 So. 2d 199 (Fla. 3d DCA 1965)
- Perry v. The Honorable Don Genung, 163 So. 2d 54 (Fla. 2d DCA 1964)