Equitable Relief: One seeking Equity MUST do Equity

How about this longstanding maxim: “One maxim of equity is that a litigant going into equity must go with clean hands, and another is that he who seeks equity must do equity.” Davis v. Verandah at Lake Grady Homeowners Association, Inc., 48 Fla.L.Weekly D142a (Fla. 2d DCA 2022) quoting Engebretsen v. Engebretsen, 11 So.2d 322, 329 (Fla. 1942). When you read it, it is hard to disagree with it, right? It just makes sense. In Davis, the 2007 plat for a subdivision was recorded by a developer. The developer subsequently advertised its subdivision as a deed-restricted community. The plaintiffs were interested...

26 September

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Declaratory Judgment / Relief Considerations

Posted by David Adelstein

in Appeal, Trial Perspectives

There are a number of lawsuits where a party will assert a claim for declaratory judgment/relief. This is a claim oftentimes included in insurance coverage disputes, but is also asserted in a plethora of other types of civil disputes where a party asks the trial court to issue a declaration. To be legally sufficient, a complaint for declaratory relief must allege that: (1) there is a bona fide dispute between the parties; (2) the plaintiff has a justiciable question as to the existence or nonexistence of some right, status, immunity, power or privilege, or as to some fact upon which existence of...

22 June

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Declaratory Relief in Insurance Coverage Dispute

Posted by David Adelstein

in Trial Perspectives

Insurance coverage disputes are prime actions for declaratory relief. An insurer or insured may pursue an action for declaratory relief in an insurance coverage dispute. A lawsuit seeking declaratory relief must allege: [1] there is a bona fide dispute between the parties, [2] that the moving party has a justiciable question as to the existence or non-existence of some right, status, immunity, power or privilege, or as to some fact upon which the existence of such right, status, immunity, power or privilege does or may de[p]end, [3] that plaintiff is in doubt as to the right, status, immunity, power or privilege, and...

25 January

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The Declaration of Condominium “Says what It Says”

Posted by David Adelstein

in Trial Perspectives

There are lawsuits that don’t make sense. They just don’t. Granted, we do not know all of the ins-and-outs of the lawsuit, but the facts described in the case give an aura of irrationalness by one of the parties. Here is one – in what appears to be a condominium association taking an unreasonable position giving the unit owner no choice but to sue. In Cool Spaze, LLC v. Boca View Condominium Association, Inc., 45 Fla. L. Weekly D165a (Fla. 4th DCA 2020), a purchaser bought a unit in a condominium. He transferred the unit to a limited liability company he...

13 July

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Quick Note: Action for Declaratory Relief to Obtain a Certificate of Title

Posted by David Adelstein

in Trial Perspectives

Recently, I have received a spate of phone calls relating to filing a lawsuit for declaratory relief to establish ownership of a motor vehicle. As a result of these calls, I decided to write a quick note about this subject. This issue is prompted by a person going to Florida’s Department of Highway Safety and Motor Vehicles (“DMV”) and the DMV telling the person, or sending the person a letter, that he/she needs to file a lawsuit for declaratory relief in order to obtain a court order awarding ownership of the motor vehicle to the person and directing the DMV to...

24 August

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Actions for Declaratory Relief / Declaratory Judgment

Posted by David Adelstein

in Trial Perspectives

Sometimes a party pursues what is known as an action for declaratory relief or declaratory judgment– for a trial court to declare their rights with respect to the application of a written document or instrument. In this manner, Florida Statute s. 86.021 states: Any person claiming to be interested or who may be in doubt about his or her rights under a deed, will, contract, or other article, memorandum, or instrument in writing or whose rights, status, or other equitable or legal relations are affected by a statute, or any regulation made under statutory authority, or by municipal ordinance, contract, deed,...