This form for use in litigation against an insurance company for bad faith breach of contract. Adapt this model form to fit your needs and specific law. Not recommended for use by non-attorney.
Motion For Declaratory Judgment Sample In Broward
Category:
State:
Multi-State
County:
Broward
Control #:
US-000279
Format:
Word;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
To bring a claim for declaratory judgment in a situation where a patent dispute may exist or develop, the claimant must establish that an actual controversy exists. If there is a substantial controversy of sufficient immediacy and reality, the court will generally proceed with the declaratory-judgment action.
Declaratory relief, also commonly known as declaratory judgment or declaration, is a form of discretionary remedy which parties may seek from the court. A declaration is essentially a statement made by the court at the request of a party.
An example of this in a case involving contracts would be a party seeking an interpretation of the contract to determine their rights. Another example would be an insured individual seeking a specific determination of their rights and surrounding circumstances regarding insurance coverage under a specific policy.
Relief of declaration the plaintiff must establish that. (i) the plaintiff was at the time of the suit entitled to any legal character. or any right to any property. (ii) the defendant had denied or was interested in denying the character. or the title of the plaintiff.
An example of a declaratory judgment in an insurance situation may occur when a policyholder and an insurer disagree about whether a particular claim is covered under the insurance policy. For instance, suppose a homeowner files a claim with their insurance company for damages to their home caused by a storm.
“To plead a claim for declaratory relief in Florida, a plaintiff must plead facts to show: (1) there is a bona fide, actual, present practical need for the declaration; (2) that the declaration deals with a present, ascertained or ascertainable state of facts or present controversy; (3) that some right or privilege of ...
One example of a declaratory judgment case is to ask the court to determine who owns a piece of property, or to ask the court to enforce an easement. This is especially common in what is called a “quiet title” action.
An example of this in a case involving contracts would be a party seeking an interpretation of the contract to determine their rights. Another example would be an insured individual seeking a specific determination of their rights and surrounding circumstances regarding insurance coverage under a specific policy.
To bring a claim for declaratory judgment in a situation where a patent dispute may exist or develop, the claimant must establish that an actual controversy exists. If there is a substantial controversy of sufficient immediacy and reality, the court will generally proceed with the declaratory-judgment action.
“To plead a claim for declaratory relief in Florida, a plaintiff must plead facts to show: (1) there is a bona fide, actual, present practical need for the declaration; (2) that the declaration deals with a present, ascertained or ascertainable state of facts or present controversy; (3) that some right or privilege of ...
More info
Please complete the COMPLAINT FOR DECLARATORY JUDGMENT enclosed in this Packet and sign it in the presence of a Deputy Clerk or Notary Public. Case No. COMPLAINT FOR DECLARATORY RELIEF. Plaintiffs.Walter Palasz and Lynn Palasz, sue Defendants, Lori Parrish, as Property. This is an action for Declaratory Judgment and other relief pursuant to Chapter 86, Florida. Statutes. 2. The Plaintiff is a resident of. The packet is to assist you in obtaining a title for a vehicle you own but for which you did not receive a title at the time of purchase. After completing this form, you should file the original with the Clerk of Court in the county where you filed your complaint and keep a copy for your records. Enter a declaratory judgment requiring the Department of Highway Safety and Motor. This form is obtained from and submitted to the Florida Department of Highway Safety and Motor Vehicles. Plaintiff The School Board of Broward County, Florida is the political subdivision possessing authority under Article IX, Section 4(b), Fla. Const.