SAMUEL VOGELBAUM, APPELLANT,

v.

ATLANTIS OPERATING CO., INC., APPELLEE

Citator

Cited By

• Harris v. Rosalyn Harris, 138 So. 2d 376 (Fla. 3d DCA 1962)
  …resented by this appeal. It is sufficient to point out that a chancellor may not make a declaratory decree as to facts which may or may not occur in the future. Anderson v. Dimick, Fla.1955, 77 So. 2d 867; Geistman v. Zimmerman Trusts, Fla.App.1961, 126 So. 2d 576. As to the attorney’s fee, the applicable statute (§ 65.16, Fla.Stat, F.S.A.) does not provide for the allowance. Attorney’s fees are usually allowed only where it is provided for by agreement, statute or established law. Larson v. Warren, Fla.1961…
• Miller v. Miller, 151 So. 2d 869 (Fla. 2d DCA 1963)
  …elief unless the pleadings allege facts showing that the question then exists; and where the pleadings indicate the possibility that the question will never arise, the courts will deny declaratory relief. Geistman v. Zimmerman Trusts, Fla. App.1961, 126 So. 2d 576; Grable v. Hillsborough County Port Authority, Fla.App. 1961, 132 So. 2d 423. The plaintiff further alleges that the prenuptial agreement provided that each of the parties may encumber, sell, dispose or give any and all of their property without the…
• Fla. State Bd. OF Dispensing Opticians v. Bayne, 204 So. 2d 34 (Fla. 2d DCA 1967)
  …relief unless the pleadings allege facts showing that the question then exists; and where the pleadings indicate the possibility that the question will never arise, the courts will deny declaratory relief. Geistman v. Zimmerman Trusts, Fla.App.1961, 126 So. 2d 576; Grable v. Hillsborough County Port Authority, Fla.App.1961, 132 So. 2d 423.” (Emphasis supplied) In Perry v. Genung, Fla.App.1964, 163 So. 2d 54, this Court also held ': “One of the prerequisites for obtaining a declaratory decree is that the dec…

Authorities Cited

• NIX v. Lake W. Koontz, 103 So. 2d 226 (Fla. 2d DCA 1958)
• Bolick v. Sperry, 88 So. 2d 495 (Fla. 1956)