LILY AARONSON AND FARMWORKER ASSOCIATION OF FLORIDA
v.
CHRISTINA WHITE, ETC.
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A circuit court lacks jurisdiction to render declaratory relief absent a bona fide need for a declaration based on present, ascertainable facts and a justiciable controversy.
[1] A declaratory judgment action requires a bona fide, actual, present, and practical need for relief based on justiciable facts; absent such a need, the circuit court lacks…
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Join FLexlaw to unlock all legal intelligence“[A]bsent a bona fide need for a declaration based on present, ascertainable facts, the circuit court lacks jurisdiction to render declaratory relief.”
Santa Rosa County v. Admin. Comm'n, Div. of Admin. Hearings, 661 So. 2d 1190, 1193 (Fla. 1995)
Lily Aaronson and the Farmworker Association of Florida appealed a circuit court order dismissing their declaratory judgment action in Miami-Dade Coun…
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PER CURIAM.
Affirmed. See Santa Rosa County. v. Admin. Comm’n, Div. of Admin. Hearings, 661 So. 2d 1190, 1193 (Fla. 1995) (“[A]bsent a bona fide need for a declaration based on present, ascertainable facts, the circuit court lacks jurisdiction to render declaratory relief.”); State, Dep’t of Env’t Prot. v. Garcia, 99 So. 3d 539, 544 (Fla. 3d DCA 2011) (“[I]n order to properly invoke the jurisdiction of the circuit court, the party seeking a declaration must not only show that he is in doubt as to the existence or nonexistence of some right or status, but also that there is a bona fide, actual, present, and practical need for the declaration.” (citations omitted)); Martinez v. Scanlan, 582 So. 2d 1167, 1171 (Fla. 1991) (stating that in the absence of a justiciable controversy, “any opinion . . . would be advisory only and improperly considered in a declaratory action”); Mandarin Lakes Cmty. Ass’n v. Mandarin Lakes Neighborhood Homeowners Ass'n, 46 Fla. L. Weekly D1293, D1293 (Fla. 3d DCA June 2, 2021) (“Our legislature never intended, and lacks the power to, allow declaratory judgment procedures as a vehicle for obtaining advisory opinions. For this reason, ‘Florida courts will not render, in the form of a declaratory judgment, what amounts to an advisory opinion at the instance of parties who show merely the possibly of legal injury.’” (quoting Donovan v. Okaloosa County, 82 So. 3d 801, 806 n.2 (Fla. 2012) (citations omitted)).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Santa Rosa Cnty. v. Admin. Comm'n, 661 So. 2d 1190 (Fla. 1995)
- State of Fla. Dep't OF Env't Prot. v. Garcia, 99 So. 3d 539 (Fla. 3d DCA 1989)
- Donovan v. Okaloosa Cnty., 82 So. 3d 801 (Fla. 2012)