LANA J. ALLAN, FORMER WIFE, APPELLANT,

v.

CHARLES LAYTON ALLAN, FORMER HUSBAND, APPELLEE

Citator

Cited By

• Jarrard v. Jarrard, 157 So. 3d 332 (Fla. 2d DCA 2015)
  …2009); see also Pimm v. Pimm, 601 So. 2d 534, 536 [*337] (Fla.1992). Whether the pleading is legally sufficient in its allegations of this claim, as with all pleadings, is a legal issue reviewed de novo. See Murphy v. Bay Colony Prop. Owners Ass’n, 12 So. 3d 924, 926 (Fla. 2d DCA 2009). The party seeking a modification must then present evidence necessary for the trial court to make factual findings or determinations that are essential for relief. Those essential findings of fact, both express and implied,…
• Angelo's Aggregate Materials, Ltd. v. Pasco Cnty., 118 So. 3d 971 (Fla. 2d DCA 2013)
  …nt for declaratory judgment should not be dismissed if the plaintiff established the existence of a justiciable controversy cognizable under the Declaratory Judgment Act, chapter 86, Florida Statutes (2007). Murphy v. Bay Colony Prop. Owners Ass’n, 12 So. 3d 924, 926 (Fla. 2d DCA 2009) (citations omitted).5 Specifically, the complaint must allege that there is a bona fide dispute between the parties and that the moving party has a justiciable question as to the existence or non-existence of some right[ or]…
• Ribaya v. The Bd. of Trs. of the City Pension Fund for Firefighters & Police Officers in the City of Tampa, 162 So. 3d 348 (Fla. 2d DCA 2015)
  …Auto. Ins. Co. v. Wallace, 209 So. 2d 719, 721 (Fla. 2d DCA 1968). A complaint can be legally sufficient even if the plaintiff ultimately loses the case on its merits. See X Corp., 622 So. 2d at 1101; accord Murphy v. Bay Colony Prop. Owners Ass’n, 12 So. 3d 924, 926 (Fla. 2d DCA 2009). Thus, when a defendant challenges a complaint for declaratory relief on the ground that it fails to state a cause of action, i.e., that it is legally insufficient, the trial court rules on that motion as a matter of law.3 In…