Justiciable Controversy

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

• Buras v. Timolat
  275 F.2d 797· 5th Cir.· 1960-03-14 ·cited 2×
  The court held that the complaint stated a claim upon which relief could be granted and should not have been dismissed.
• Garcia v. Brownell
  236 F.2d 356· 9th Cir.· 1956-08-06 ·cited 2×
  The court held that the allegations of the petition, supported by the affidavit, must be taken as true, establishing an existing controversy regarding Garcia's citizenship.
• Belt v. Toomey
  218 F.2d 850· D.C. Cir.· 1954-12-02 ·cited 2×
  The court held that a suit where a plaintiff sues himself in a representative capacity is permissible if all interested parties are joined and a justiciable controversy exists.
• Akron v. Barnes
  215 F.2d 423· 7th Cir.· 1954-08-10 ·cited 2×
  The court held that the dispute over whether certain employee proposals constitute 'rates of pay, rules, or working conditions' under the Railway Labor Act presents a justiciable controversy suitable for declaratory judgment.
• Pac. Emp'rs Ins. Co. v. Nance
  212 F.2d 4· 8th Cir.· 1954-04-23 ·cited 2×
  The court held that the District Court reached a permissible conclusion under Missouri law in determining the automobile liability policy was not cancelled by agreement and was in force at the time of the accident.
• Jasper v. Sawyer
  205 F.2d 700· D.C. Cir.· 1953-02-19 ·cited 2×
  The court held that the plaintiff lacked standing to sue because his claims were speculative and premature, and the suit was barred as an action against the United States without its consent.
• Porter v. Deer
  160 F.2d 394· 5th Cir.· 1947-04-05 ·cited 2×
  The court held that the plaintiff cannot use its agent's unauthorized mistake as a basis for a right of action against a defendant who acted in good faith on that advice.
• Smith v. Am. Asiatic Underwriters
  127 F.2d 754· 9th Cir.· 1942-04-17 ·cited 2×
  The court held that the registrar's counterclaim for declaratory relief was valid and properly before the court, even if the original complaint was flawed.
• Cool Spaze, LLC v. Boca View Condo. Ass'n, Inc.
  292 So. 3d 769· Fla. 4th DCA· 2020-01-22 ·cited 1×
  A limited liability company (LLC) that acquired a condominium unit appeals three trial court orders denying its motion for partial summary judgment and granting the condominium association's motions for partial summary judgment. The central dispute concerns whether the associatio
• Helfrich v. City OF Jacksonville & the Bd. of Trs. of the City of Jacksonville Ret. Sys.
  204 So. 3d 39· Fla. 1st DCA· 2016-10-04 ·cited 1×
  Samantha Helfrich sought declaratory relief regarding whether she was entitled to receive both her own contributions and the City's contributions to her deferred retirement fund. The Florida District Court of Appeal held the trial court lacked jurisdiction because Helfrich failed
• Law Offs. of William F. Souza v. Truly Nolen
  199 So. 3d 531· Fla. 1st DCA· 2016-09-09 ·cited 1×
  A former workers' compensation claimant's attorney challenges a judge's order compelling him to file a verified motion for attorney's fees after all petitions for benefits were dismissed without reservation of jurisdiction. The court reversed, holding that the judge lacked subjec
• Affco New Zealand, Ltd. v. Am. Fine Foods Corp.
  462 F. Supp. 2d 1060· S.D. Fla.· 2012-12-20 ·cited 1×
  The court held that the specific performance claim was time-barred, and the U.S. trademark registration was incontestable and could not be cancelled. Summary judgment was granted on these counts.
• Triple R Paving, Inc. v. Liberty Mut. Ins.
  510 F. Supp. 2d 1090· S.D. Fla.· 2007-05-07 ·cited 1×
  The court held that it has discretion to decline jurisdiction or stay a declaratory judgment action when underlying factual issues are pending in state court, and that determining indemnification obligations at this stage would be premature.
• Elend v. Sun Dome, Inc.
  370 F. Supp. 2d 1206· M.D. Fla.· 2005-05-18 ·cited 1×
  The court held that the plaintiffs lacked standing and their claims were not ripe for judicial review because they failed to allege a real and immediate threat of future injury regarding Secret Service protest zone restrictions.
• Uniforce Temp. Pers., Inc. v. Nat'l Council on Comp. Ins.
  892 F. Supp. 1503· S.D. Fla.· 1995-04-06 ·cited 1×
  The court held that the plaintiffs' antitrust claims were barred by the McCarran-Ferguson Act and the filed rate doctrine, and that their constitutional claims failed due to the availability of post-deprivation remedies and lack of substantive due process violation.
• Rawls v. D'Alemberte
  41 Fla. Supp. 130· Leon Cty. Cir. Ct.· 1974-11-20 ·cited 1×
  A member of a commission cannot sue the other members for declaratory judgment regarding the commission's procedural policies if the actions do not affect him uniquely or differently from other members.
• BAL Harbour Towers, Inc. v. Keller
  227 So. 2d 219· Fla. 3d DCA· 1969-10-21 ·cited 1×
  Bal Harbour Towers appeals the dismissal of its declaratory judgment action seeking to prevent a Navy serviceman from terminating his apartment lease under the Soldiers' and Sailors' Civil Relief Act. The court held that a declaratory judgment action is an appropriate vehicle to
• Fla. Indus. Comm'n v. Neal
  224 So. 2d 774· Fla. 1st DCA· 1969-06-24 ·cited 1×
  The Florida Industrial Commission appeals a declaratory judgment finding it illegally constituted because two of three members were classified as employer representatives, violating statutory requirements for balanced representation. The court affirmed the judgment, holding that
• The Breakwater Commons Ass'n, Inc. v. Empire Indem. Ins. Co.
  M.D. Fla.· 2025-11-13
  An insurer cannot challenge coverage for specific parts of an appraisal award; only the entire claim or standard policy conditions are permissible defenses after an award is made.
• Sheriff of Broward Cnty. v. Evanston Ins. Co.
  11th Cir.· 2025-11-10
  The court held that the term 'occurrence' in the insurance policy was ambiguous under Florida law and, when construed in favor of the insured Sheriff, meant the Parkland shooting constituted a single occurrence, triggering only one Self-Insured Retention (SIR).
• Progressive Select Ins. Co. v. Jenkins
  S.D. Fla.· 2025-10-25
  The court granted in part and denied in part Progressive's motion, finding the claims for declaratory judgment on the duty to defend and indemnify were not ripe, but granting rescission of the policy based on material misrepresentations.
• Arch Ins. Co. v. A3 Dev., LLC
  S.D. Fla.· 2025-05-27
  Arch Insurance Company, as surety on performance bonds for a Miami Beach construction project, sued A3 Development and related entities for breach of contract after they depleted funds, made wrongful demands under the bonds, and performed corrective work without notice to Arch. T
• Cox v. Sunbelt Rentals, Inc.
  M.D. Fla.· 2025-03-17
  The court denied the motion to dismiss, finding a justiciable controversy existed and that consolidation of the actions would resolve the issue of duplication.
• Accident Ins. Co., Inc. v. DWF Installations, Inc.
  M.D. Fla.· 2025-03-13
  The court denied the plaintiff's motion for default judgment because it failed to adequately demonstrate subject matter jurisdiction and an actual controversy, and also failed to clarify the status of its indemnity claims.
• AmGuard Ins. Co. v. Bourne
  S.D. Fla.· 2025-03-03
  The court held that the insurer's claim for a declaratory judgment on its duty to defend is ripe and may proceed, but the claim for a declaratory judgment on its duty to indemnify is not ripe and is dismissed without prejudice.
• RBG Plastic, LLC v. Disability:In
  S.D. Fla.· 2024-11-14
  The court held that the plaintiff failed to state a claim for declaratory relief because it did not allege a violation of a cognizable legal right, and the negligence claim was dismissed for failure to adequately allege a legal duty.
• Progressive Specialty Ins. Co. v. Morris
  M.D. Fla.· 2024-11-08
  The court held that it lacked subject matter jurisdiction because the plaintiff insurer failed to establish an actual case or controversy at the time the complaint was filed, rendering the request for declaratory judgment an impermissible advisory opinion.
• McClamma v. Glass
  Fla. 2d DCA· 2024-03-27
  The trial court erred in dismissing McClamma's complaint with prejudice without allowing an opportunity to amend, and dismissal was improper even on venue grounds where transfer would have been the appropriate remedy. The statute of limitations question regarding McClamma's irreb
• McClamma v. Glass
  Fla. 2d DCA· 2024-03-27
  Kyle McClamma appealed the dismissal of his complaint challenging Florida's sex offender registration requirements as unconstitutional. The Second District Court of Appeal reversed the dismissal with prejudice, holding that the trial court erred by denying McClamma an opportunity
• McKnight v. United Parcel Serv., Inc.
  M.D. Fla.· 2024-03-15
  Summary judgment is granted for the defendant on race discrimination claims because the plaintiff failed to establish a prima facie case, but is denied on retaliation claims as the defendant waived arguments regarding the plaintiff's prima facie case.
• In re Jane Doe 23-B
  Fla. 1st DCA· 2024-02-08
  The Florida First District Court of Appeal dismissed an appeal from a minor's petition for judicial waiver of parental consent and notification requirements for abortion, holding that it lacks jurisdiction because there is no justiciable controversy without an adverse party (the
• Hudson Excess Ins. Co. v. Pino
  S.D. Fla.· 2023-12-22
  The court granted the defendants' motion for judgment on the pleadings, finding that the primary insurer was an indispensable party that could not be joined, and denied the plaintiff's motion for leave to amend as futile.
• Clendenin v. Kennedy
  M.D. Fla.· 2023-11-17
  The court held that the defendant insurer failed to prove fraudulent joinder, meaning complete diversity was lacking, and thus the case must be remanded to state court.
• Atain Specialty Ins. Co. v. T. Disney Trucking & Grading, Inc.
  M.D. Fla.· 2023-09-15
  The court held that the auto and employee exclusions in the insurance policies preclude coverage, and therefore the insurers have no duty to defend or indemnify the insured.
• Bei Jing Han Tong San Kun Ke Ji You Xian Gong Si v. Atl. Med. Prods., LLC
  M.D. Fla.· 2023-09-07
  The court granted in part and denied in part the motion for default judgment, awarding limited damages for breach of contract and granting declaratory relief regarding trademark ownership.
• THE Honorable Larry L. Eger v. THE Judges of the Twelfth Jud. Cir.
  Fla. 2d DCA· 2023-08-23
  A public defender lacks standing to seek a writ of prohibition challenging an administrative order when he has not shown how his office suffered a direct and articulable stake in the outcome.
• This and That
  Del.· 2023-08-17
  The Superior Court erred in holding that the Industrial Accident Board (IAB) lacked jurisdiction to consider the reasonableness and necessity of an employee's ongoing narcotic treatment. The statute permits employers to challenge proposed or provided healthcare services for ackno
• Cont'l Divide Ins. Co. v. Rumba Tours, LLC
  S.D. Fla.· 2023-02-28
  The court held that the plaintiff's amended complaint pleaded sufficient facts to establish a justiciable controversy, thus denying the defendants' motion to dismiss.
• Unborn Child v. Director James Reyes
  Fla. 3d DCA· 2023-02-24
  This case involves a habeas corpus petition filed on behalf of an unborn child, whose mother is incarcerated and awaiting trial for murder. The court dismissed the petition without prejudice, finding it factually intensive and better suited for a circuit court, while expressing n
• Voo-Doo Daddy Prods., LLC v. Colorblind Media, LLC
  M.D. Fla.· 2023-02-02
  The court held that the defendant's claims for declaratory judgment and account stated were sufficiently pled, but the claims for open account and unjust enrichment were not.
• Corporacion Indus. de Energia v. Jpmorgan Chase Bank, N.A.
  S.D. Fla.· 2023-01-03
  The court held that the declaratory judgment claim regarding past conduct was moot, but the claim concerning signatory status could proceed, and the gross negligence claim failed to state a cause of action.
• Paris v. Guberman PMC, LLC
  M.D. Fla.· 2022-06-24
  The court held that a federal court lacks jurisdiction to enforce an injunction issued by another court through a new action, and that declaratory judgment is not an appropriate substitute for established procedures to test injunctions.
• Chisholm Props. S. Beach, Inc. v. Arch Specialty Ins. Co.
  S.D. Fla.· 2022-02-04
  The court held that a declaratory judgment complaint must be dismissed because the dispute is factual, not based on contractual ambiguity, and the plaintiff failed to allege performance of policy conditions, rendering the request for relief an advisory opinion.
• Seaside Town Council, Inc. v. Seaside Cmty. Dev. Corp. & Walton Cnty.
  Fla. 1st DCA· 2021-12-29
  The appellate court reversed a trial court's summary judgment, finding that Seaside Town Council (STC) had standing to sue Seaside Community Development Corp. (SCDC) and Walton County. The court determined STC had standing under both the 1991 amended declarations and a 2011 assig
• 1000 Friends of Fla., Inc. v. Dane Eagle
  Fla. 1st DCA· 2021-11-03
  The appellate court affirmed the dismissal of a lawsuit challenging a statute that allows prevailing parties to recover attorney fees in development order challenges. The court held that the Executive Director of the Department of Economic Opportunity was not a proper party to th
• Lily Aaronson & Farmworker Ass'n of Fla. v. White
  46 Fla. L. Weekly D1293· Fla. 3d DCA· 2021-08-25
  A circuit court lacks jurisdiction to render declaratory relief absent a bona fide need for a declaration based on present, ascertainable facts and a justiciable controversy.
• C. H., SR. v. IN the Adoption of: N. K. and N. K.
  Fla. 2d DCA· 2021-06-11
  The appellate court affirmed the dismissal of a grandfather's adoption petition, not because he lacked standing, but because he filed it in the wrong court and prematurely. The court clarified that the grandfather can refile his petition in the correct dependency court.
• Safety Vision, LLC v. Hillsborough Area Reg'l Transit Auth.
  M.D. Fla.· 2021-06-08
  The court held that a motion to dismiss Count Four for failure to state a claim for preliminary injunction was improper, as Count Four stated a claim for declaratory judgment.
• Sully v. Scottsdale Ins. Co.
  S.D. Fla.· 2021-04-07
  A plaintiff seeking only a declaratory judgment based on a past injury lacks Article III standing, as there is no actual or imminent injury to redress.
• State of Fla. Dep't of Transp. v. Miami-Dade Cnty. Expressway Auth.
  Fla. 1st DCA· 2021-03-31
  The appellate court reversed a lower court's grant of summary judgment, holding that the Miami-Dade County Expressway Authority lacked standing to challenge the constitutionality of a state statute that dissolved it. The court applied the public official standing doctrine, which