H. R. P. MILLER
v.
MRS. W. M. DOSS, AS ASSESSOR OF TAXES, LAKE COUNTY, FLORIDA
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The court held that the existence of an adequate remedy at law does not preclude declaratory relief under Chapter 87, Fla. Stat.
Plaintiff filed a bill seeking a declaratory decree, alleging the Tax Assessor arbitrarily exempted certain property from taxation. The bill was dismi…
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This appellant filed a bill seeking a declaratory decree pursuant to Chapter 87, Fla. Stat., 1941.
The bill was dismissed on motion because it appeared plaintiff had an adequate remedy at law. The bill charged that Mrs. W. M. Doss, as Tax Assessor, had arbitrarily exempted certain real property in Lake County from taxation for 1946 and subsequent years.
The question involved-is whether the bill may be entertained when there is an adequate remedy at law.
Reference to the statute fully answers this question adversely to the decree before us. Section 87.12, Fla. Stat., 1941, “The existence of another adequate remedy shall not preclude a decree, judgment or order for declaratory relief....”
The effect of this part of our statute is to obliterate any and all distinction relative to legal and equitable rights in. so far as they may be considered in a proceeding under this statute. In this case the constitutionality of the statute is *661not brought into question and we are not passing upon it. We do point out, however, that the statute takes care of the sacred right of trial by jury which would seem to remove any patent invalidity.
Our conclusion is that the bill required an answer and it was error to dismiss same.
Reversed.
THOMAS, C. J., CHAPMAN and BARNS, JJ., concur.
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Olin's, Inc. v. AVIS Rental CAR Sys. OF Fla., 131 So. 2d 20 (Fla. 3d DCA 1961)…tion1 is preserved and available in proceedings under Chapter 87, Fla. Stat., F.S.A., for declaratory judgment or decree whether filed at law or in equity, for issues traditionally triable by jury at common law, and it was so held in Miller v. Doss, 160 Fla. 660, 36 So. 2d 442, where the Supreme Court said, “The [declaratory judgment] statute takes care of the sacred right of trial by jury.” See also Lincoln Tower Corp. v. Dunhall’s-Florida, Fla.1952, 61 So. 2d 474; Coast Cities Coaches v. Whyte, Fla.App.19…
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Townsend v. Gray, 181 So. 2d 612 (Fla. 1st DCA 1966)…(Fla.App.1960); North Shore Realty Corporation v. Gallaher, 99 So. 2d 255 (Fla.App.1957); Modernage Furniture Corp. v. Miami Rug Company, 84 So. 2d 916 (Fla.1955); Rosenhouse v. 1950 Spring Term Grand Jury, 56 So. 2d 445 (Fla.1952); Miller v. Doss, 160 Fla. 660, 36 So. 2d 442 (1948); Cosen Inv. Co. v. Overstreet, 154 Fla. 416, 17 So. 2d 788 (1944); Schleman v. Connecticut General Life Ins. Co., 151 Fla. 96, 9 So. 2d 197 (1942). In the above-cited Schleman case the Florida Supreme Court noted the fact that…