1 Elements and Case Citations
- A bona fide, actual, present practical need for declaration;
- The declaration should concern a present, ascertained or ascertainable state of facts or present controversy as to a state of facts;
- An immunity, power, privilege or right of the complaining party is dependent upon the facts or the law applicable to the facts;
- A person or persons have, or reasonably may have, an actual, present, adverse and antagonistic interest in the subject matter, either in fact or law;
- The antagonistic and adverse interest(s) are all before the court by proper process or class representation; and
- The relief sought is not merely giving of legal advice or the answer to questions propounded for curiosity.
Subscribers To The Florida Litigation Guide Can See:
- The rest of the elements for this cause of action;
- The citations to the most recent state and federal court cases citing the cause of action;
- The statute of limitations; and
- The defenses to this cause of action.