Justiciable Controversy

487 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Miller v. Miller
  151 So. 2d 869· Fla. 2d DCA· 1963-04-10 ·cited 20×
  The Florida District Court of Appeal reversed a lower court's denial of a motion to dismiss a complaint for declaratory relief. The court found that the complaint failed to state a cause of action because it did not allege a justiciable controversy, specifically that the prenupti
• Am. Mach. & Metals, Inc. v. De Bothezat Impeller Co., Inc.
  166 F.2d 535· 2d Cir.· 1948-03-10 ·cited 20×
  A justiciable controversy exists under the Declaratory Judgment Act even if the plaintiff has not yet taken an irrevocable step, provided the dispute concerns contingent rights and a declaration is needed to guide future conduct.
• Kalo Inoculant Co. v. Funk Bros. Seed Co. (two eases)
  161 F.2d 981· 7th Cir.· 1947-06-12 ·cited 20×
  The court held that the discovery and application of non-inhibitive bacterial strains for composite inoculants constituted patentable invention, reversing the district court's finding of invalidity.
• Wood v. Raffensperger
  981 F.3d 1307· 11th Cir.· 2020-12-05 ·cited 19×
  The Eleventh Circuit held that the plaintiff lacked standing to sue because he alleged only generalized grievances, not particularized injuries, and that his requests for relief concerning the 2020 election were moot because the results had already been certified.
• Jamlynn Invs. Corp. v. San Marco Residences of Marco Condo. Ass'n, Inc.
  544 So. 2d 1080· Fla. 2d DCA· 1989-06-09 ·cited 19×
  A commercial lessee of a condominium unit sought a temporary injunction to prevent the condominium association from eliminating its allocated parking spaces. The trial court denied the motion based on lack of standing, but the appellate court reversed, holding that the lessee had
• Portland WEB Pressmen's Union v. Oregonian Publ'g Co. & Journal Publ'g Co.
  286 F.2d 4· 9th Cir.· 1960-12-19 ·cited 19×
  The court held that the union's claim regarding the employer's refusal to bargain collectively presented an issue within the exclusive jurisdiction of the National Labor Relations Board, not a justiciable controversy for federal court arbitration.
• Apthorp v. Detzner
  162 So. 3d 236· Fla. 1st DCA· 2015-02-23 ·cited 18×
  Appellant James Apthorp sought a declaratory judgment that Florida's qualified blind trust statute violates the constitutional requirement of full and public financial disclosure. The Florida District Court of Appeal vacated the trial court's declaratory judgment, holding that Ap
• Nationwide Mut. Co. v. Ft. Myers Total Rehab Ctr., Inc.
  657 F. Supp. 2d 1279· M.D. Fla.· 2009-08-13 ·cited 18×
  The court held that the amount in controversy requirement for diversity jurisdiction was met by aggregating claims, and that most of the plaintiff's claims were sufficiently pleaded to survive a motion to dismiss, except for civil conspiracy.
• State v. Fla. Consumer Action Network
  830 So. 2d 148· Fla. 1st DCA· 2002-10-09 ·cited 18×
  The State of Florida and business organizations appealed a trial court's decision declaring Chapter 99-225 (a comprehensive tort reform law) unconstitutional under Florida's single-subject requirement. The appellate court reversed, holding that the plaintiffs failed to establish
• Allstate Ins. Co. v. Green
  825 F.2d 1061· 6th Cir.· 1987-08-06 ·cited 18×
  The court held that the district court erred in dismissing the declaratory judgment action sua sponte for lack of jurisdiction, as the prior Sixth Circuit cases did not establish a per se rule against such actions. The case was remanded for the district court to exercise its disc
• Halder v. Standard OIL Co.
  642 F.2d 107· 5th Cir.· 1981-04-06 ·cited 18×
• Cass Cnty. & Hubbard Cnty. v. United States
  570 F.2d 737· 8th Cir.· 1978-02-14 ·cited 18×
  The court held that the district court properly dismissed the complaint because it failed to allege a sufficiently ripe controversy for judicial determination under the Declaratory Judgment Act and Article III of the Constitution.
• Am. Nursing Home Ass'n v. The Cost OF Living Council
  497 F.2d 909· Temp. Emer. Ct. App.· 1974-04-29 ·cited 18×
  The court held that the Cost of Living Council's regulations, as applied to nursing homes, were not arbitrary and capricious and did not conflict with Medicare and Medicaid provisions, reversing the lower court's judgment and injunction.
• Church OF Scientology OF Haw. v. The United States
  485 F.2d 313· 9th Cir.· 1973-09-06 ·cited 18×
  The court should not dismiss the suit, as a trial is necessary to settle the church's tax status for the specific years in question.
• United States v. Shelton
  482 F.2d 848· 5th Cir.· 1973-08-02 ·cited 18×
  An appellate court may dismiss an appeal if the appellant has escaped from custody, even if the custody is from a different sovereign and unrelated to the federal charges.
• AETNA Ins. Co. v. Newton
  398 F.2d 729· 3d Cir.· 1968-07-25 ·cited 18×
  The court held that it lacked jurisdiction to hear the appeal because the district court's order was not a final decision, as it failed to resolve all claims and parties and lacked the necessary certification under Rule 54(b).
• Smith v. Alleghany Corp.
  394 F.2d 381· 2d Cir.· 1968-05-08 ·cited 18×
  The court affirmed the denial of motions to intervene and set aside judgments, finding no jurisdictional defects or merits to the claims of fraud or lack of justiciable controversy.
• Am. Needle & Novelty Co. v. Schuessler Knitting Mills, Inc.
  379 F.2d 376· 7th Cir.· 1967-06-06 ·cited 18×
  The court held that a patent owner's investigation into possible infringement does not constitute a charge of infringement sufficient to establish jurisdiction under the Declaratory Judgment Act, absent a reasonable apprehension of liability.
• Walker Process Equip., Inc. v. FMC Corp.
  356 F.2d 449· 7th Cir.· 1966-01-20 ·cited 18×
  The court held that alleging customers are told their use of the plaintiff's equipment infringes the patent constitutes a charge of contributory infringement, giving the plaintiff standing for a declaratory judgment.
• Pac. Nat'l Ins. Co. v. Transp. Ins. Co.
  341 F.2d 514· 8th Cir.· 1965-02-12 ·cited 18×
  The court held that federal jurisdiction existed and that the plaintiff insurer, as subrogee of the vicariously liable party, could seek indemnity from the tortfeasor's insurer, despite the lease agreement's insurance provisions.
• Linus C. Pauling v. McNAMARA
  331 F.2d 796· D.C. Cir.· 1963-12-23 ·cited 18×
  The court held that the likelihood of future injury was insufficient to require a decision on the merits due to the Nuclear Test Ban Treaty.
• Lockwood v. Langendorf United Bakeries, Inc.
  324 F.2d 82· 9th Cir.· 1963-10-28 ·cited 18×
  The court affirmed the district court's judgment, finding no infringement of patent '535 and invalidity of claim 7 of reissue patent Re. 24731.
• Linus Pauling v. Eastland
  288 F.2d 126· D.C. Cir.· 1960-09-07 ·cited 18×
  The court held that a federal court lacks jurisdiction to issue a declaratory judgment or injunction against a congressional committee's inquiry before a contempt citation has been issued and a justiciable controversy has arisen.
• James v. Golson
  92 So. 2d 180· Fla.· 1957-01-16 ·cited 18×
  Emily James sought a declaratory decree to determine whether Tom Golson held a lien on her liquor license for amounts he paid to satisfy debts of a prior tenant. The Florida Supreme Court reversed the trial court's dismissal, holding that the declaratory judgments statute authori
• B. F. Goodrich Co. v. Fed. Trade Comm'n
  208 F.2d 829· D.C. Cir.· 1953-07-16 ·cited 18×
  The court held that the district court erred in dismissing the complaints for lack of jurisdiction and failure to state a claim, as the plaintiffs alleged sufficient harm to support injunctive relief against the FTC order.
• Ark. Power & Light Co. v. Fed. Power Comm'n
  156 F.2d 821· D.C. Cir.· 1946-06-28 ·cited 18×
  The dissenting judge holds that the District Court lacked jurisdiction because statutory review of the Federal Power Commission's actions is adequate, and the FPC has authority over utility accounts even when state authorities also regulate them.
• Purcell v. Summers
  126 F.2d 390· 4th Cir.· 1942-03-09 ·cited 18×
  The federal court has jurisdiction over a suit seeking a declaratory judgment on the validity of a church union and protection of its name, even though state courts have jurisdiction over specific local properties involved in related suits.
• Goss v. Killian Oaks House of Learning
  248 F. Supp. 2d 1162· S.D. Fla.· 2003-02-28 ·cited 17×
  The court held that plaintiff's counsel's conduct in pursuing a disproportionately large attorney fee award for a small claim, despite opportunities for early resolution, warranted denial of all attorney fees and costs.
• Steele v. Nat'l Firearms ACT Branch
  755 F.2d 1410· 11th Cir.· 1985-03-22 ·cited 17×
  The court held that the record lacked sufficient factual development to determine standing, requiring a remand to the district court.
• Scott v. Francati
  214 So. 3d 742· Fla. 1st DCA· 2017-03-20 ·cited 16×
  Governor Rick Scott petitioned for a writ of prohibition to prevent further proceedings against him in Francati's constitutional challenge to a 2014 nursing home liability statute. The Florida First District Court of Appeal granted the petition, holding that the Governor is neith
• Land v. Fla. Dep't OF Corr.
  181 So. 3d 1252· Fla. 1st DCA· 2015-12-28 ·cited 16×
  Inspector General Investigators for the Florida Department of Corrections appealed the dismissal of their complaint challenging two confidentiality agreements they were required to sign. The appellate court affirmed the dismissal because the appellants failed to address the trial
• Lutz v. Protective Life Ins. Co.
  951 So. 2d 884· Fla. 4th DCA· 2007-01-03 ·cited 16×
  Lutz appealed a judgment on the pleadings dismissing his class action suit against Protective Life Insurance Company for breach of contract and declaratory relief, claiming the insurer improperly raised premiums based on health status in violation of Florida insurance statutes. T
• Prestressed Decking Corp. & Travelers Ins. Co. v. Edgardo Medrano
  556 So. 2d 406· Fla. 1st DCA· 1989-08-02 ·cited 16×
  In this workers' compensation appeal, the First District Court of Appeal reviewed a deputy commissioner's order awarding permanent total disability and various benefits to a carpenter who suffered severe head and back injuries. The court affirmed the average weekly wage calculati
• Felmeister v. Off. OF Attorney Ethics
  856 F.2d 529· 3d Cir.· 1988-08-31 ·cited 16×
  The court held that the case was not ripe for adjudication because the plaintiffs had not yet sought an advisory opinion from the New Jersey Committee on Attorney Advertising regarding their proposed advertisements, and thus, the administrative process had not been exhausted.
• Harris v. Bailey
  675 F.2d 614· 4th Cir.· 1982-04-18 ·cited 16×
  The court held that the garnishment of Social Security benefits, though settled, presented a justiciable controversy capable of repetition yet evading review, thus reversing the dismissal for mootness. The court also affirmed the dismissal of the Attorney General as a party.
• Philadelphia Yearly Meeting OF the Religious Soc'y OF Friends v. Tate
  519 F.2d 1335· 3d Cir.· 1975-07-18 ·cited 16×
  The court held that while mere police photographing and data gathering at public meetings, and sharing information with other law enforcement agencies, do not state a claim, the dispersal of such information to non-law enforcement entities and the public disclosure of intelligenc
• Save Sand KEY, Inc. v. United States Steel Corp.
  281 So. 2d 572· Fla. 2d DCA· 1973-07-19 ·cited 16×
  Save Sand Key, Inc., a nonprofit environmental organization, sued to protect public prescriptive rights to a soft sand beach area on Sand Key, Florida. The trial court dismissed the organization for lack of standing, but the appellate court reversed, holding that the restrictive
• Florencio Merced Rosa v. Blas C. Herrero, Jr.
  423 F.2d 591· 1st Cir.· 1970-03-25 ·cited 16×
  The court held that the plaintiff's claim for a declaratory judgment and injunction was moot due to the government's dismissal of his indictment, and that he lacked standing to seek such relief.
• Peoples Bank v. Eccles
  161 F.2d 636· D.C. Cir.· 1947-04-14 ·cited 16×
• Walling v. Mid-Continent Pipe Line Co.
  143 F.2d 308· 10th Cir.· 1944-06-12 ·cited 16×
  The trial court erred by dismissing the case without adjudicating coverage and injunctive relief, and the appellate court determined that the five welders were entitled to compensation for their return travel time.
• Alfred Hofmann, Inc. v. Knitting Machs. Corp.
  123 F.2d 458· 3d Cir.· 1941-11-04 ·cited 16×
  The court held that an actual controversy exists for declaratory judgment purposes when a patentee threatens to sue a manufacturer's customers, even if the manufacturer itself has not directly infringed since the patent's issuance. The court also found the ownership status of one
• R-C-B-S Corp. v. City OF Atl. Beach
  178 So. 2d 906· Fla. 1st DCA· 1965-09-21 ·cited 15×
  R-C-B-S Corporation appealed the dismissal of its complaint challenging the constitutionality of municipal property tax assessments on undeveloped land that the City of Atlantic Beach could not provide services to. The court held that the complaint stated a valid claim for declar
• Fla. Comm'n on Hurricane Loss Projection Methodology v. State
  716 So. 2d 345· Fla. 1st DCA· 1998-08-31 ·cited 14×
  A court lacks jurisdiction to review a recommended order of an administrative law judge on the ground of a non-dispositive statement of law when the order itself is fully favorable to the party seeking review, as doing so would constitute rendering an advisory opinion.
• Allard v. DeLOREAN
  884 F.2d 464· 9th Cir.· 1989-08-31 ·cited 14×
  The Ninth Circuit held that the appeal is moot because the trustee is no longer a creditor and therefore lacks standing, and that the district court must determine whether to vacate the judgment because the appellant caused the mootness.
• Anton J. Miller v. The Wash. State BAR Ass'n
  679 F.2d 1313· 9th Cir.· 1982-06-22 ·cited 14×
• Kenilworth Ins. Co. v. Drake
  396 So. 2d 836· Fla. 2d DCA· 1981-04-10 ·cited 14×
  An injured passenger sought declaratory relief to determine her total uninsured motorist coverage (UMC) under two separate insurance policies and the proportionate liability of the insurers. The court held that UMC from separate policies covering separately owned vehicles can be
• Ziegler v. Ziegler
  632 F.2d 535· 5th Cir.· 1980-12-10 ·cited 14×
  The court held that the district court should have abstained from deciding the federal constitutional claim pending a state court's interpretation of a new state statute, as such interpretation might render the federal claim moot.
• Diebold v. Civil Serv. Comm'n OF ST. Louis Cnty.
  611 F.2d 697· 8th Cir.· 1979-12-10 ·cited 14×
  The court held that an employee's Fifth Amendment privilege against self-incrimination is not unconstitutionally threatened if he is not forced to choose between surrendering his job or waiving his privilege, even if administrative proceedings consider matters related to criminal
• Reubin O'D. Askew v. City OF Ocala
  348 So. 2d 308· Fla.· 1977-06-09 ·cited 14×
  A complaint seeking declaratory relief must present a justiciable controversy with a present dispute, not merely a desire for future legal advice or an injunction against prosecutorial discretion.
• Petra Duran v. Wells
  307 So. 2d 259· Fla. 2d DCA· 1975-01-08 ·cited 14×
  A migrant worker arrested and convicted of obtaining lodging with intent to defraud challenged the constitutionality of the statute and sought damages and class relief. The appellate court affirmed dismissal of the declaratory judgment, injunction, and class action claims, holdin