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A declaratory judgment is a binding judgment from a court defining the legal relationship between parties and their rights in a matter before the court. When there is uncertainty as to the legal obligations or rights between two parties, a declaratory judgment offers an immediate means to resolve this uncertainty.
Florida Courts Are Empowered to Make Declaratory Judgments The Florida Legislature specifically provided jurisdiction to the Courts to declare rights, status, and other equitable or legal relations between parties, whether or not further relief is or could be claimed. § 86.011, Fla. Stat.
The sale is not valid without a properly assigned title. If the title has been mutilated or otherwise ruined, the owner of the vehicle must apply for a duplicate title in order for the sale to proceed. If your title has been lost, mutilated, or destroyed, you may apply for a duplicate title.
Schedule a court hearing in which you and your attorney will explain the situation and chain of title to the judge. Present supporting evidence to the judge, such as a receipt, check, bill of sale, or sales contract, including your testimony. Prepare the actual declaratory judgment document for the judge's signature.
For example, a policyholder believes that their denied claim is unjust. As a result, they inform the insurer that they are considering a lawsuit to recover losses. The insurer seeks a declaratory judgment to clarify its rights and obligations with hopes of preventing the lawsuit.