SAMUEL A. JOSEPH AND SAM JOSEPH, D/B/A SAM JOSEPH & SON, APPELLANT,
v.
THE BOARD OF PUBLIC INSTRUCTION OF DADE COUNTY, FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Joseph appealed a trial court order transferring his declaratory judgment suit from equity to law, arguing such suits should be filed on the equity side. The court affirmed, holding that declaratory judgment suits under Florida law must be filed on whichever side (equity or law) is appropriate based on the subject matter of the dispute.
A suit for declaratory judgment may be filed either in equity or at law, and the choice depends on the subject matter. If the suit involves a matter cognizable in equity (such as rescission, cancellation, specific performance, or other equitable rights), it should be filed in equity. If it concerns construction of an instrument or determination of legal rights without involving ultimate or intermediate equitable relief, it should be filed on the law side.
“[A] suit for declaratory decree may be filed either in equity or at law, and that the choice should depend upon the subject matter in determining whether it is cognizable in equity or at law.”
Establishes the fundamental principle that forum choice for declaratory judgment suits depends on subject matter rather than statute mandate.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceSamuel A. Joseph and Sam Joseph, d/b/a Sam Joseph & Son, filed a suit for declaratory judgment under Chapter 87 of the Florida Statutes. The suit conc…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Construction Contract Interpretation cases and more on FLexlaw
This is an appeal by the plaintiffs below from an order transferring a suit for declaratory judgment under Chapter 87, Fla.Stat., F.S.A., from equity to law. In claiming error the appellant appears to proceed on the theory that cases for declaratory judgment under Chapter 87 are to be filed on the equity side of the circuit court rather than the law side. We do not agree.
In City of Miami v. Miami Transit Company, Fla.App. 1957, 96 So.2d 799, 801, it was said:
“Where the subject matter is of a kind considered acceptable to equity jurisdiction, a complaint or petition for declaratory decree, under Chapter 87, F.S.A., can and should be filed on the equity side of the court. That is shown clearly enough by the wording of the act.”
That holding in the Miami Transit Company case was followed in the case of Coast Cities Coaches, Inc., v. Whyte, Fla.App. 1958, 102 So.2d 848, 851, saying: “[A] suit for declaratory decree may be filed either in equity or at law, and that the choice should depend upon the subject matter in determining whether it is cognizable in equity or at law.” And in Caballero, Herdegen & Knight, Inc. v. Threlkeld, Fla. App.1962, 142 So.2d 124, 125, in footnote No. 3, it was said: “It is apparent that plaintiff has filed his complaint on the wrong side of the court. A suit for declaratory relief may be filed either in equity or at law, and that choice should depend upon the subject matter in determining whether it is cognizable in equity or at law. City of Miami v. Miami Transit Company, Fla.App.1957, 96 So.2d 799, 801. Coast Cities Coaches, Inc. v. Whyte, Fla.App. 1958, 102 So.2d 848, 851.”
Thus, whether a suit for declaratory decree or judgment shall be filed in equity or at law depends on the subject matter. If the suit involves a matter cognizable in equity, the equity side should be used for declaratory decree, and if the matter involved is within the province of law rather than equity, it should be filed on the law side of the court. For example, when Chapter 87 is resorted to for a determination of the rights of the parties under a contract as to the existence or not of a basis for equitable relief, such as rescission or cancellation of an instrument, or specific performance, or which concerns other equitable rights or their enforcement, the cause should be filed in equity. *454Likewise, where resort to Chapter 87 is for construction of an instrument or determination of rights with reference to a legal claim, with ultimate or intermediate equity relief not involved, the cause should be filed on the law side of the court. The present case is in the latter category, calling for interpretation of a contract and determination of the rights of the parties, in view of certain exigencies encountered in a construction contract, as bearing on amounts to be paid or which would be recoverable thereunder. Therefore, the trial court was eminently correct in ordering transfer to the law side.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
N. Am. Life & Cas. Co. v. David A. Wolter under the last will and testament of Emily Thompson Wolter, 593 F.2d 609 (5th Cir. 1979)…2d at 608. The present case involves an action at law, notwithstanding the fact that the insurance companies beat the beneficiaries to the courthouse door by filing a declaratory judgment action. Joseph v. Board of Public Instruction of Dade County, 184 So. 2d 452 (3d Dist. Ct. App. Fla. 1966). These appellants are entitled to interest as a matter of right, irrespective of the insurance companies’ good faith in contesting the claims. Jacquin-Florida Distilling Co. v. Reynolds, Smith and Hills, Inc., 319 So. 2…
Authorities Cited
- City OF Miami v. Miami Transit Co., 96 So. 2d 799 (Fla. 3d DCA 1957)
- Coast Cities Coaches, Inc. v. Whyte, 102 So. 2d 848 (Fla. 3d DCA 1958)
- Caballero v. Major E. Threlkeld, 142 So. 2d 124 (Fla. 3d DCA 1962)