Justiciable Controversy

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

• Nat'l Specialty Ins. Co. v. S. Fla. Transp. SVCS
  S.D. Fla.· 2021-03-16
  The court dismissed the insurer's declaratory judgment action, finding no actual controversy regarding the duty to defend and abstaining from deciding the duty to indemnify due to parallel state court proceedings.
• Jiang v. U.S.C.I.S.
  S.D. Fla.· 2020-05-01
  The court held that claims related to already approved applications are moot, and the case will be stayed pending adjudication of other applications.
• State of Fla. on relation of Tallahassee Corporate Ctr., LLC v. Fla. Dep't of Mgmt. Servs.
  Fla. 1st DCA· 2020-03-03
  An appeal seeking declaratory and injunctive relief challenging a lease procurement process is moot when the process is completed and the leases have been entered into and commenced.
• Roofing & Reconstr. Contractors of Am. LLC v. Metro. Cas. Ins. Co.
  M.D. Fla.· 2019-11-14
  The court held that the plaintiff's petition for declaratory relief sufficiently pleaded a continuing and substantial controversy, thus denying the defendant's motion to dismiss.
• The Sch. Bd. of Alachua Cnty. v. Fla. Dep't of Educ.
  Fla. 1st DCA· 2019-08-29
  This case involves a constitutional challenge by several Florida school boards against House Bill 7069 (HB 7069), which pertains to charter schools, including "schools of hope." The school boards argued that HB 7069 violated their constitutional rights to operate, control, and su
• Strickland v. Bd. of Comm'rs of Pinellas Cnty.
  261 So. 3d 700· Fla. 2d DCA· 2018-12-12
  Andy G. Strickland appealed the dismissal of his complaint for declaratory relief against Pinellas County regarding letters notifying him that his dog exhibited dangerous propensities. The court affirmed the dismissal, holding that Strickland failed to state a cause of action for
• Progressive Select Ins Co v. Wade Aug 18
  15th Cir. Ct. App. Div.· 2018-08-01
  Progressive Select Insurance Company appeals a trial court's summary judgment awarding Lamon Wade PIP insurance benefits totaling $5,002.28. The appellate court affirmed that Wade had standing to bring a declaratory judgment action and established his entitlement to emergency med
• City of Sweetwater v. Lopez
  245 So. 3d 863· Fla. 3d DCA· 2018-03-14
  The trial court erred in granting summary judgment on the budget claim because competing expert affidavits created a genuine issue of material fact as to compliance with state law. The trial court also erred in reaching the merits of the resolutions claim, which was moot because
• Am. Tree Serv. v. Bundshuh
  232 So. 3d 484· Fla. 1st DCA· 2017-10-16
• Fla. Dep't OF Transp. v. Mallards Cove, LLP
  159 So. 3d 927· Fla. 2d DCA· 2015-03-06
  The Florida Department of Transportation and the Clerk of the Court of Pasco County appealed a trial court's order granting class certification in an inverse condemnation case. Mallards Cove sought to represent a class claiming that taking 90% of investment interest earned on qui
• Progressive Am. Ins. v. Steele
  M.D. Fla.· 2014-04-18
  The court held that the named driver exclusion endorsement applied, precluding coverage for an accident involving the excluded driver, as the policyholder's authorization to renew the policy with the exclusion constituted 'asking' for the exclusion.
• Sieger Suarez Architectural P'ship, Inc. v. Arquitectonica Int'l Corp.
  857 F. Supp. 2d 1245· S.D. Fla.· 2014-02-14
  The court held that the architectural plans were not substantially similar as a matter of law, and therefore, copyright infringement could not be established at the motion to dismiss stage.
• Axis Surplus Ins. v. Contravest Constr. Co.
  1989 WL 165334· M.D. Fla.· 2012-06-05
  The court held that a justiciable controversy does not exist with Amerisure and Great American because they have not denied coverage, and that Axis has a duty to defend the Insureds based on the injury-in-fact trigger theory. A decision on Axis's duty to indemnify is premature.
• N. Fla. Women's Health & Counseling Serv., Inc. v. State
  73 So. 3d 874· Fla. 4th DCA· 2011-11-09
  The Fourth District Court of Appeal affirmed summary judgment for the state defendants, holding that the plaintiff lacked a justiciable controversy and failed to demonstrate a clear legal right necessary for either declaratory or injunctive relief.
• Summit Towers Condo. Ass'n v. Qbe Ins. Corp.
  798 F. Supp. 2d 1311· S.D. Fla.· 2011-07-13
  The court held that a claim for declaratory relief regarding the statute of limitations is not ripe when the defense has not yet been asserted, and that Florida law does not recognize a common law claim for breach of good faith and fair dealing in first-party insurance cases.
• Bankshot Billards, Inc. v. City of Ocala
  692 F. Supp. 2d 1343· M.D. Fla.· 2010-02-12
  The court held that the City of Ocala's Ordinance 5650 is unconstitutionally vague on its face, violating due process rights, and therefore granted declaratory and injunctive relief to the plaintiff.
• Seguros Commercial Am. v. Hall
  115 F. Supp. 2d 1371· M.D. Fla.· 2000-09-15
  The court held that while the Convention is self-executing and grants federal jurisdiction, it does not create a private right of action for the Mexican insurers to pursue claims in federal court.
• Commerce Bank, NA v. Ogden
  81 F. Supp. 2d 1304· M.D. Fla.· 1999-01-08
  The court held that the plaintiffs' claims for professional malpractice, negligence, and breach of fiduciary duty were premature because damages had not yet occurred under Florida law, which requires a 'wait and see' approach for transactional malpractice.
• Independence Bank OF NEW Jersey v. Penning
  648 So. 2d 777· Fla. 2d DCA· 1994-12-09
  Independence Bank of New Jersey appealed an award of attorney's fees against it under Florida Statute §57.105 for filing a frivolous complaint seeking replevin and damages on an allegedly assigned equipment lease. The court reversed, holding that the complaint was not frivolous a
• Or. State Police Officers Ass'n v. Peterson
  979 F.2d 776· 9th Cir.· 1992-11-13
  The court held that the plaintiffs failed to establish a justiciable case or controversy, as the alleged future events required for the denial of attorney fees were too speculative.
• Spokane Indian Tribe v. United States
  972 F.2d 1090· 9th Cir.· 1992-08-12
  The court held that Pick Six is not a Class II gaming device under the Indian Gaming Regulatory Act because it is an electronic facsimile of a game of chance and the legislative history shows Congress did not intend to include lotteries within the definition of 'lotto'.
• Henschen v. City OF Houston
  959 F.2d 584· 5th Cir.· 1992-04-30
  The court held that the claim for monetary damages was not moot and should be remanded, but the claim for injunctive relief was not justiciable due to a lack of a present or future threat of harm.
• Gardner v. Sch. Bd. Caddo Parish
  958 F.2d 108· 5th Cir.· 1992-04-14
  The court held that parents must exhaust administrative remedies under the IDEA before filing a civil action, unless they can demonstrate that such exhaustion would be futile or inadequate.
• Paragould Cablevision, Inc. v. City OF Paragould
  930 F.2d 1310· 8th Cir.· 1991-04-15
  A municipality is immune from antitrust liability when its anticompetitive conduct is a necessary and reasonable consequence of engaging in statutorily authorized activity, and a party cannot invoke the First Amendment to recapture rights voluntarily bargained away in a contract.
• Tyonek Native Corp. v. Cook Inlet Region, Inc.
  853 F.2d 727· 9th Cir.· 1988-08-03
  The court held that sand and gravel reserves on dually owned lands under ANCSA belong to the subsurface estate holder, and that the claim for incidental use rights was not a justiciable controversy.
• Thompson v. Woodall
  819 F.2d 1052· 11th Cir.· 1987-06-22
  The court held that a political party's refusal to permit a candidate for local party office does not present a justiciable controversy cognizable under 42 U.S.C.A. § 1983.
• Robertson v. Robertson
  803 F.2d 136· 5th Cir.· 1986-10-22
  Federal courts have subject matter jurisdiction over claims seeking to establish forced heirship rights against a decedent's estate, provided these claims do not interfere with state probate proceedings or assume control of property in state custody.
• Minn. Pub. Interest Research Grp. (Mpirg) v. Selective Serv. Sys.
  747 F.2d 1204· 8th Cir.· 1984-11-05
  The court held that the case is moot because the Supreme Court has upheld the constitutionality of the statute, rendering the original controversy non-justiciable.
• Pioneer Sec. Corp. v. City OF Sweetwater
  448 So. 2d 511· Fla. 3d DCA· 1983-12-20
  Pioneer Security Corporation appealed the dismissal of its complaint challenging a city ordinance regulating the color of security guard uniforms. The court affirmed the dismissal, holding that the City of Sweetwater had authority under home rule provisions to enact the uniform c
• Multistate TAX Comm'n Eugene F. Corrigan v. United States Steel Corp.
  714 F.2d 925· 9th Cir.· 1983-08-31
  The court held that the Multistate Tax Commission's unitary audit was not rendered moot by individual state tax assessments and remanded for findings on U.S. Steel's compliance with a prior production order.
• B.F. Goodrich Co. v. The Grand River DAM Auth.
  712 F.2d 453· 10th Cir.· 1983-07-22
  The court held that the judgment and order appealed from were not final and therefore not appealable under 28 U.S.C. § 1291.
• Anton J. Miller v. The Wash. State BAR Ass'n
  691 F.2d 430· 9th Cir.· 1982-10-19
  The court holds that Younger abstention is not appropriate because state disciplinary proceedings were completed and no adequate opportunity for state court review exists.
• Dep't OF Revenue of the State of Fla. v. Markham
  381 So. 2d 1101· Fla. 1st DCA· 1979-11-05
  The Florida Department of Revenue appealed a trial court decision holding that household goods and personal effects owned by nonresidents are not subject to ad valorem taxation. The First District Court of Appeal affirmed, concluding that the 1967 Legislature effectively excluded
• Rentex Corp. v. Messinger
  570 F.2d 913· 10th Cir.· 1978-02-21
  The court held that the claims for damages and injunctive relief were properly dismissed by the trial court.
• Slaughter v. Marees
  319 So. 2d 580· Fla. 1st DCA· 1975-09-23
  Appeal dismissed as moot because a statute enacted after the declaratory judgment was entered now permits installment payment of criminal fines, eliminating the need for judicial resolution of whether judges have inherent authority to require such payments.
• In re The Parsons Inv. Co. v. Chase Manhattan Bank
  466 F.2d 869· 6th Cir.· 1972-09-11
  The appeal is dismissed because the issues raised are moot, as subsequent events render it impossible for the court to grant effectual relief.
• Drew Chem. Co. v. Hercules Inc.
  407 F.2d 360· 2d Cir.· 1969-02-24
  The court held that a patent holder's prior infringement suits against competitors and discussions regarding a license do not create an actual controversy justifying a declaratory judgment action when the patent holder later admits non-infringement regarding the plaintiff's speci
• Hialeah Race Course, Inc. v. Gulfstream Park Racing Ass'n, Inc.
  210 So. 2d 750· Fla. 4th DCA· 1968-05-23
  Gulfstream Park Racing Association challenged a Florida statute allocating racing dates among three horse tracks, arguing changed conditions since 1948 made the statute unconstitutional. The court affirmed the trial court's denial of defendants' motion to dismiss, holding that th
• Hunter v. City of Coral Gables
  29 Fla. Supp. 22· Dade Cty. Cir. Ct.· 1967-05-10
  Property owners challenged a city commission directive prohibiting all construction on their property zoned for apartment use, seeking declaratory relief that they had the right to build a high-rise apartment building. The court held that under the city's zoning ordinances, the o
• State v. Books
  27 Fla. Supp. 34· Duval Cty. Cir. Ct.· 1966-08-02
  This 1966 Florida circuit court case involves an in rem proceeding by the State Attorney seeking to enjoin and destroy allegedly obscene books seized by the Sheriff without judicial process. The court ruled that the seizure was unconstitutional and that neither injunctive relief,
• A. A. Allen Revivals, Inc. v. Ellis Campbell, Jr.
  353 F.2d 89· 5th Cir.· 1965-11-26
  The court held that a tender of the full amount of taxes sought, plus interest, renders the controversy non-justiciable and that such a tender is legally sufficient.
• Robinson's, Inc. v. Short
  146 So. 2d 108· Fla. 1st DCA· 1962-11-01
  A taxpayer challenged a printing contract awarded to Robinson's for tax notices, alleging defective specifications that prevented competitive bidding. The court affirmed the contract was void due to vague specifications but allowed Robinson's to recover actual costs via quantum m
• Fed. Trade Comm'n v. Nash-Finch Co.
  288 F.2d 407· D.C. Cir.· 1961-02-15
  The court held that the District Court had jurisdiction to grant a declaratory judgment regarding the applicability of Public Law 86-107 to an outstanding FTC order.
• Witte v. Ferber
  219 F.2d 113· 3d Cir.· 1955-01-31
  The court held that a habeas corpus appeal is moot once the petitioner is released from custody, even if other collateral consequences like loss of pension exist.
• Brown v. Ramsey
  185 F.2d 225· 8th Cir.· 1950-11-17
  The court held that the appellants lacked standing to sue for alleged educational discrimination because they had not personally suffered a denial of equal protection. The court affirmed the dismissal of the complaint.
• Pangborn Corp. v. Am. Foundry Equip. Co. (two cases)
  170 F.2d 339· 3d Cir.· 1948-09-28
  The court affirmed the lower court's orders, finding that neither party stated a cause of action and that the lower court did not abuse its discretion in denying leave to amend.
• Fed. Pub. Hous. Auth. v. Mobile Hous. Bd.
  164 F.2d 146· 5th Cir.· 1947-11-07
  The court held that the Mobile Housing Board's discretion in choosing insurance, absent abuse or fraud, presented no justiciable issue for federal courts.
• Md. Cas. Co. v. Tindall
  117 F.2d 905· 8th Cir.· 1941-02-18
  The court held that the lower court erred in dismissing the case for lack of jurisdiction and should have adjudicated the merits of the controversy.
• Ball v. Bank OF BAY Biscayne
  S.D. Fla.· 1930-08-13
  A judgment creditor filed an equitable action seeking appointment of a receiver for a bank to aid collection of his judgment, but the judgment was paid into the state court registry before the federal suit proceeded. The court dismissed the action for lack of subject matter juris