7200 CORPORATION, A FLORIDA CORPORATION D/B/A MEDLEY MOBILE HOME PARK, APPELLANT,
v.
TOWN OF MEDLEY, A MUNICIPAL CORPORATION, ET AL., APPELLEES
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A mobile home park owner challenged two rent control ordinances passed by the Town of Medley, seeking declaratory judgment, injunction, and other relief. The lower court granted the town's motion for directed verdict without rendering declaratory relief, and the appellate court reversed, holding that the trial court erred in failing to provide the declaratory judgment sought.
The trial court erred by disposing of the controversy without rendering the declaratory relief sought by the plaintiff. The court must enter a declaration as to the rights of the respective parties.
[1] A trial court errs when it disposes of a controversy without rendering the declaratory relief sought by a party.
[2] A party seeking declaratory relief is entitled to a declaration as to the rights of the respective parties.
Previewing 2 of 2 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the final judgment undertook a disposition of the controversy without rendering the declaratory relief sought by appellant. In so doing, we hold that the lower court erred”
The court's holding that the trial court committed error by disposing of the case via directed verdict without issuing the declaratory judgment that was requested
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Join FLexlaw to unlock all legal intelligenceAppellant owned a mobile home park in the Town of Medley and rented spaces to the public. The Town of Medley passed ordinances on January 7, 1974, and…
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PER CURIAM.
Appellant was the plaintiff below and appellees were the defendants.
Appellant, the owner of a mobile home park located in the Town of Medley, filed a complaint seeking a declaratory judgment, injunction and other relief. The complaint alleged, among other things, that appellee-Town of Medley had passed two ordinances on January 7, 1974, and April 7, 1975, respectively. The first ordinance declared an emergency housing shortage and created a rent control commission to administer rent controls in the town. The second ordinance reenacted the first and extended the control period.
The complaint further alleged that appellant, which rented space in its mobile home park to the public, was in doubt as to its rights under the aforementioned ordinances and was therefore seeking declaratory relief. In addition, appellant believed the ordinances to be both invalidly enacted and unconstitutional in their application.
- The cause was set for non-jury trial at which time appellant, through its officers, testified to the effect that an emergency housing shortage did not exist in the Town of Medley. The testimony was based on the facts that appellant’s land represented over ninety (90%) per cent of the rental space in the Town of Medley and said land had never been fully rented.
At the end of appellant’s case, appellee moved for a directed verdict. Said motion was granted and this appeal follows.
Appellant raises many points on appeal, however, in rendering our decision, we need only address ourselves to one. Appellant cites as error the lower court’s failure to make a declaration pursuant to Section 86.-011, Florida Statutes (1975).
With the above in mind, we note that the final judgment undertook a disposition of the controversy without rendering the declaratory relief sought by appellant. In so doing, we hold that the lower court erred. Local 532 of the American Federation of State and Municipal Employees, AFL-CIO v. City of Fort Lauderdale, 273 So. 2d 441 (Fla.4th DCA 1973); Ennis v. Warm Mineral Springs, Inc., 203 So. 2d 514 (Fla.2d DCA 1967).
Reversed and remanded with instructions to enter a declaration as to the rights of the respective parties.
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Lewis v. City OF Atl. Beach, 467 So. 2d 751 (Fla. 1st DCA 1985)…e parties as requested by appellants in their complaint for declaratory relief. This alone requires reversal and remand for the trial court to enter an appropriate declaratory judgment stating the rights of the parties. 7200 Corp. v. Town of Medley, 340 So. 2d 1281 (Fla. 3d DCA 1977). See also, Coral Gables Federal Savings & Loan Assn. v. City of Lighthouse Point, 444 So. 2d 92 (Fla. 4th DCA 1984). With regard to the final argument raised by appellants, we find that the court did not err in refusing to award…
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Am. Home Assurance Co. v. Curtis, 367 So. 2d 641 (Fla. 3d DCA 1979)…tors to determine both liability and damages. We think that it should again be pointed out that it is not proper to dismiss a suit for a declaratory judgment and at the same time enter a declaratory judgment. See 7200 Corporation v. Town of Medley, 340 So. 2d 1281 (Fla. 3d DCA 1977). In the present instance, we will proceed as the parties and the court have proceeded to interpret the judgment rendered as one for the defendant holding that uninsured motorist coverage existed. The evidence before the trial cou…
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Tortoise Island Homeowner's Ass'n, Inc. v. Tortoise Island Grp. Ltd., 475 So. 2d 999 (Fla. 5th DCA 1985)…ights of Brevard County without the County’s appearance in the case requires reversal and remand for the entry of an appropriate declaratory judgment. Lewis v. City of Atlantic Beach, 467 So. 2d 751 (Fla. 1st DCA 1985); 7200 Corp. v. Town of Medley, 340 So. 2d 1281 (Fla.3d DCA1977); American Federation of State, County and Municipal Employees v. City of Ft. Lauderdale, 273 So. 2d 441 (Fla. 4th DCA1973); City of Miami Beach v. Klinger, 179 So. 2d 864 (Fla.3d DCA1965). REVERSED and REMANDED. COBB, C.J., and…
Authorities Cited
- Ennis v. Warm Mineral Springs, Inc., 203 So. 2d 514 (Fla. 2d DCA 1967)
- Local 532 OF the Am. Fed'n OF State, Cnty., & Mun. Emps., AFL-CIO v. City OF Fort Lauderdale, 273 So. 2d 441 (Fla. 4th DCA 1973)