RODNEY CALVIN MCCUTCHEON, PETITIONER,

v.

FLORIDA PAROLE COMMISSION, RESPONDENT

Citator

Cited By

• State v. Fla. Consumer Action Network, 830 So. 2d 148 (Fla. 1st DCA 2002)
  …s can have life or death consequences.” The above and all other allegations in the complaint regarding each plaintiffs need for a declaratory decree are grounded on speculation and hypothesis. Compare Dep’t of Ins. v. Guarantee Trust Life Ins. Co., 812 So. 2d 459 (Fla. 1st DCA2002) (finding that no present controversy existed for the exercise of the trial court’s declaratory judgment jurisdiction, because the plaintiffs, insurance companies regulated by the Department of Insurance, alleged in their complaint…
• Apthorp v. Detzner, 162 So. 3d 236 (Fla. 1st DCA 2015)
  …DCA 2011) (holding that the trial court inappropriately granted declaratory relief because the leaseholders did not plead any facts establishing a bona fide, present need for such a declaration); Fla. Dep’t of Ins. v. Guarantee Trust Life Ins. Co., 812 So. 2d 459 (Fla. 1st DCA 2002) (determining that the trial court’s order declaring a statute unconstitutional was an impermissible advisory opinion because the plaintiffs merely alleged that there was a possibility at some point in the future that the applicat…
• Livingston v. Frank, 150 So. 3d 239 (Fla. 2d DCA 2014)
  …actual or present need for a declaration as to the constitutionality of statutes or rules as applied to the consenting parties, and the trial court lacks jurisdiction to grant declaratory relief.” Fla. Dep’t of Ins. v. Guarantee Trust Life Ins. Co., 812 So. 2d 459, 461 (Fla. 1st DCA 2002); see also State v. Fla. Consumer Action Network, 830 So. 2d 148 (Fla. 1st DCA 2002). The pleadings in the Livingston eminent domain actions identified the issue of interest as a component of full compensation, and the parti…

Authorities Cited

• Tuff v. State, 732 So. 2d 461 (Fla. 3d DCA 1999)