CITIZENS PROPERTY INSURANCE CORPORATION
v.
CRISTIAN RIVERA AND VANESSA RIVERA
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A declaratory judgment action is not a civil action for damages within the meaning of the relevant statute when no money damages or payment of money is directly requested.
[1] The nature of a civil action is determined by the 'real issue' presented rather than the form of relief requested, and a declaratory judgment action in which no money dam…
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Join FLexlaw to unlock all legal intelligence“The trial court determined that the declaratory judgment was not a civil action for damages within the meaning of the statute. We agree. We have looked to whether the 'real issue' is one for damages or declaratory relief. No money damages or payment of money is directly requested in this suit . . . and we conclude that the trial court's ruling was correct.”
Court's reasoning for affirming the trial court's characterization of the action
Citizens Property Insurance Corporation appealed a circuit court decision regarding the nature of a declaratory judgment action brought against Cristi…
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
CITIZENS PROPERTY INSURANCE CORPORATION, Appellant,
V.
CRISTIAN RIVERA and VANESSA RIVERA, Appellees. No. 4D2025-0886 [June 17, 2026] Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Marina Garcia-Wood, Judge; L.T. Case No. 062020CA010419AXXXCE. Kathryn L. Ender of De Novo, Miami, for appellant. Vyacheslav Borshchukov of Vyacheslav Borshchukov, P.A., Fort Lauderdale, for appellees.
PER CURIAM.
Affirmed. See Nat'l Indem. Co. of the S. v. Consol. Ins. Servs., 778 So. 2d 404, 408 (Fla. 4th DCA 2001) (“The trial court determined that the declaratory judgment was not a civil action for damages within the meaning of the statute. We agree. We have looked to whether the 'real issue' is one for damages or declaratory relief. No money damages or payment of money is directly requested in this suit . . . and we conclude that the trial court's ruling was correct.”) (internal citation omitted). GERBER, FORST and SHAW, JJ., concur. * * * Not final until disposition of timely-filed motion for rehearing.