GEORGE DURAND, ET AL., APPELLANTS,
v.
METROPOLITAN DADE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Since the appellant-police officers properly stated a claim for a declaratory judgment as to their rights, if any, to supplemental pay under section 943.22 (2)(b-d), Florida Statutes (1983), the trial court erred in granting a motion to dismiss the complaint on the asserted, but obviously contested ground that they were wrong on the merits. Perry v. City of Fort Lauderdale, 387 So. 2d 518, 520 (Fla. 4th DCA 1980). The universally accepted rule which controls this appeal was stated in Rosenhouse v. 1950 Spring Term Grand Jury, In and For Dade County, 56 So. 2d 445 (Fla.1952):
“The test of the sufficiency of a complaint in a declaratory judgment proceeding is not whether the complaint shows that the plaintiff will succeed in getting a declaration of rights in accordance with his theory and contention, but whether he is entitled to a declaration of rights at all.”
56 So. 2d at 448.
Reversed.
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Conley v. Morley Realty Corp., 575 So. 2d 253 (Fla. 3d DCA 1991)…n of rights in accordance with his theory and contention, but whether he is entitled to a declaration of rights at all. Rosenhouse v. 1950 Spring Term Grand Jury, 56 So. 2d 445, 448 (Fla.1952) (citation omitted); Durand v. Metropolitan Dade County, 472 So. 2d 865, 866 (Fla.1985). [*255] In evaluating plaintiffs complaint, the applicable standard is that A complaint seeking declaratory relief must allege ultimate facts showing a bona fide adverse interest between the parties concerning a power, privilege, im…
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Alfred duPont Dent v. J.C. Belin, 483 So. 2d 61 (Fla. 1st DCA 1986)…ing is not whether the complaint shows that the plaintiff will succeed in getting a declaration of rights in accordance with his theory and contention, but whether he is entitled to a declaration of rights at all. Durand v. Metropolitan Dade County, 472 So. 2d 865 (Fla.3d DCA 1985). See also Bartholf v. Bartholf, 108 So. 2d 905 (Fla. 1st DCA 1959) (the fact that a declaration may or must be against the complainant does not destroy the right to apply for declaratory judgment). Therefore, appel-lees’ arguments…
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State v. S.K. Cutlip, Inc., 484 So. 2d 1378 (Fla. 2d DCA 1986)…a declaration of rights in accordance with the plaintiff’s theory, but whether the plaintiff is entitled to a declaration of rights at all. Rosenhouse v. 1950 Spring Term Grand Jury, 56 So. 2d 445, 448 (Fla.1952); Durand v. Metropolitan Dade County, 472 So. 2d 865 (Fla. 3d DCA 1985). We think the complaint taken as a whole sufficiently alleges that the Developer breached its implied promise of good faith by wrongfully manipulating the condominium unit owners’ proxies to defeat the intended effect of the conse…
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- Perry v. The City OF Fort Lauderdale, 387 So. 2d 518 (Fla. 4th DCA 1980)