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ProveMyFloridaCase.com > Posts tagged "declaratory relief"

The Declaration of Condominium “Says what It Says”

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...

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

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...

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Actions for Declaratory Relief / Declaratory Judgment

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,...

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