KENDRICK WYLY
v.
RONNIE FELDER
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The trial court's judgment was affirmed based on proper application of Florida's declaratory judgment statute and standing doctrine.
[1] Under Florida Statutes section 86.101, the declaratory judgment statute is substantive and remedial in nature and must be liberally administered and construed to settle u…
[2] A plaintiff seeking declaratory relief must demonstrate a legitimate or sufficient interest at stake in the controversy that will be affected by the outcome of the litiga…
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Join FLexlaw to unlock all legal intelligence“This chapter is declared to be substantive and remedial. Its purpose is to settle and to afford relief from insecurity and uncertainty with respect to rights, status, and other equitable or legal relations and is to be liberally administered and construed.”
Florida Statutes section 86.101 (2024), cited by the court in affirming the judgment
Kendrick Wyly, Kendra D. Wester, Joseph Bedford, Sr., Douglas Lawson, and Madelene Irving-Mills appealed a circuit court decision involving claims aga…
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Dedrick D. Straghn, Delray Beach, for appellees Ronnie Felder, Tradrick McCoy and Fercella Panier.
Stacey J. Manning, General Counsel, Supervisor of Elections, Palm Beach County, West Palm Beach, for appellee Wendy Sartory Link, in her capacity as Palm Beach County Supervisor of Elections.
Juan-Carlos Planas, Coral Gables, for appellee City of Riviera Beach.
Gerald Frederick Richman, Palm Beach Gardens, for appellee Deborah Hall-McMullon, Riviera Beach City Clerk.
PER CURIAM.
Affirmed. See § 86.101, Fla. Stat. (2024) (“This chapter is declared to be substantive and remedial. Its purpose is to settle and to afford relief from insecurity and uncertainty with respect to rights, status, and other equitable or legal relations and is to be liberally administered and construed.”); Torres v. Shaw, 345 So. 3d 970, 974 (Fla. 1st DCA 2022) (noting that “plaintiffs must have a legitimate or sufficient interest at stake in the controversy that will be affected by the outcome of the litigation.” (internal quotations omitted)); Spiritis v. Botel, 384 So. 3d 260, 264 (Fla. 4th DCA 2024) (“We must enforce [section 99.061(7), Florida Statutes (2023)] as written.”).
GROSS, LEVINE and KUNTZ, JJ., concur.
* * *
FINAL UPON RELEASE; NO MOTION FOR REHEARING WILL BE ENTERTAINED; MANDATE ISSUED SIMULTANEOUSLY WITH OPINION.
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Harris v. Gilzean, 336 So. 3d 343 (Fla. 6th DCA 2024)…rgument had been timely, however, it was insufficient to preserve the standing argument she makes on appeal. This is because her argument below consisted almost entirely of lengthy, verbatim quotations from a First District case, Torres v. Shaw, 345 So. 3d 970 (Fla. 1st DCA 2022), which held there is no standing for general voters or political parties to challenge the qualifications of a congressional candidate under section 99.061(7) but distinguished “mandamus and declaratory actions where plaintiff-…
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Kendrick Wyly v. Felder, 345 So. 3d 970 (Fla. 4th DCA 2024)
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Conservancy of Sw. Fla., Inc. v. Collier Cnty. (Fla. 2d DCA 2022)…rally presume that a statutory cause of action is limited to plaintiffs whose injuries are proximately caused by violations of the statute." (quoting Lexmark Int'l, Inc. v. Static Control Components, Inc., 572 U.S. 118, 132 (2014))); Torres v. Shaw, 345 So. 3d 970, 974 (Fla. 1st DCA 2022) ("Courts have little room to imply such rights to bring a civil action; rather, statute-based private rights of action must be legislatively created and show textual support." (emphasis added)). Accord Heart of Adoptions, I…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Kendrick Wyly v. Felder, 345 So. 3d 970 (Fla. 4th DCA 2024)