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A plaintiff seeking declaratory relief must show that there is an actual controversy even though declaratory relief will not order enforceable action against the defendant. An actual controversy means there is a connection between the challenged conduct and injury, and redressability that the court could order.
You must file a response called an "Answer" within 20 days after being served with legal papers and a summons. The Answers and supporting documents for the most common Family Division proceedings can be obtained on the Florida Courts website at .flcourts.gov.
Declaratory relief refers to a court's declaratory judgment stating the rights of parties without ordering any specific action or listing awards for damages.
If granted, a negative declaration will ordinarily make the issue with which it is concerned res judicata, thereby preventing the other side from subsequently bringing an action to vindicate the right denied by the declaration.
An action for declaratory relief under the Declaratory Judgments Act is an. expedient way to resolve disputes over certain rights, status, and other. equitable or legal relations.
Both parties are welcome to agree to waive child support arrears in Florida, but there is no guarantee the child support hearing officer, or the circuit court family law judge will affirm.
The Second Department affirmed. The Court noted that while an action for a declaratory judgment is generally governed by a six-year statute of limitations (see CPLR 213[1]), the applicable statute of limitations in a declaratory judgment action is determined by the substantive nature of the claim.
A common way of eliminating this uncertainty is with a declaratory judgment action, also called a declaration. This is a court-issued judgment that has the court clarify and affirm any rights, obligations and responsibilities of one or more parties involved in insurance litigation or other civil disputes.