3d 892, 898 (Fla. 1st DCA 2011). Your subscription has successfully been upgraded. List of Possible Affirmative Defenses ("If you don't raise, you might have waived"). Please wait a moment while we load this page. Plaintiffs, or either of them, lack standing to assert the claims or raise the issues in the Petition. & Rem.Code 37.006(a). Defendant lacks knowledge or information sufficient to form a belief about the allegations contained in Paragraph 2 of the Petition and therefore deny same. Defendant lacks knowledge or information sufficient to admit diversity and therefore denies same. Under Rule 8(c) such disputation is called an affirmative defense; the Rule requires the defendant to set forth any and all affirmative defenses, including, as under prior law, "any facts which would entitle him in equity to be absolutely and unconditionally relieved against the plaintiff's claim or cause of action or against a judgment . Defendant can neither admit nor deny the allegations contained in paragraph 27 of the Petition for lack of sufficient knowledge and information to form a belief as to the truth thereof, and puts Plaintiff on strict notice thereof. The costs involved in filing a quiet title action in Florida include such things as the Court required case filing fee which ranges between $300 and $450, depending on the county in which the case is filed. Co. v. Markham,580 So.2d 251 (Fla. 2d DCA1991)). in Britamco Underwriters, Inc. v. Cent. There may be a lack of jurisdiction over the subject matter, lack of personal jurisdiction over this Defendant, and/or venue is improper. Breach of Implied Warranty of Fitness for a Particular Purpose, Contribution Uniform Contribution Among Tortfeasors Act, Emotional Distress, Intentional Infliction, Invasion of Privacy Public Disclosure of Private Facts, Tortious Interference: 1. That means that a declaratory judgment is not binding on the claimant that is suing the insured in an underlying lawsuit unless that claimant is made a party to the declaratory action. Declaratory Judgment and Count I of Defendants' Counterclaim on the issue of Plaintiff's duty to defend. The procedure under section one may be used to secure determinations of right, duty, status or other legal relations under deeds, wills or written contracts or other writings constituting a contract or contracts or under the common law, or a charter, statute, municipal ordinance or by-law, or . WHEREFORE, Defendant John Doe, individually and as next friend of John Doe, denies that Plaintiffs Insurer Property and Casualty Insurance Company and Insurer Indemnity Company are entitled to any of the relief they seek, and further prays as follows: Respectfully submitted this 29th day of August, 2014. In the district court of appeal of the state of florida first district. MIAMI BUSINESS LITIGATION: VALID LIQUIDATED DAMAGES PROVISIONS IN CONTRACTS, FORT LAUDERDALE BUSINESS LITIGATION: NON-COMPETE AGREEMENTS BASED ON TRADE SECRETS AND CONFIDENTIAL INFORMATION, MIAMI BUSINESS LITIGATION: FRAUD CLAIM AND DEFENSE OF CAVEAT EMPTOR. In the areas of law and medical malpractice at Florida International University. Defendants Integral Development, LLC ("Integral"); Grady Redevelopment, . We support your opinions and florida affirmative defenses declaratory judgment, and made no good faith duties of loyalty brought. Maronda filed in florida minimum, could attempt to keep in all claims executives in florida affirmative defenses declaratory judgment action. Co., 200 So. Defendant can neither admit nor deny the allegations contained in paragraph 15 of the Petition for lack of sufficient knowledge and information to form a belief as to the truth thereof, and puts Plaintiff on strict notice thereof. CSPS HOTEL'S ANSWER TO COMPLAINT COUNTS I AND II. In the answer and affirmative defenses set forth by MagiCamp and UM. Of. A declaratory judgment action is a lawsuit in which one of the parties to a dispute is attempting to determine its legal. and coverage action brought by Marr Investments, Inc. in its third-party The federal declaratory judgment act, 28 239, 242-43 (2004). Questions regarding whether a ANSWER to 1 COMPLAINT with Jury Demand for Declaratory Judgment and Injunctive Relief by Carl V. Patton, Ronald Henry, Charlene Hurt, J. L. Albert. The Florida Legislature enacted the declaratory judgment statute in order "to settle and to afford relief from insecurity and uncertainty with respect to rights, status, and other equitable or legal relations." Fla. Stat. Declaratory Judgment Action Insurer Does Nothing Facts Don't Trigger Duty to Defend Insurer Does Nothing 34 . In Swain v. Reliable Ins. cannot state a bona fide need for the declaratory judgment when the breach of Thus, in situations where a complaint alleges in substance: He owes me money and will not pay. Your clients at least one simple estate that laches defense from lands, florida affirmative defenses declaratory judgment in florida minimum wages be error, the judgment context, two separate drafting, summary final decisions. breach of contract claim and declaratory judgment claim in the same action Hartford Fire Insurance Company, In further response to the allegations contained in paragraph 8 of the Petition, there being no justiciable issue, the Court is without authority to provide the requested relief sought by Plaintiffs. the elements required under the federal or state declaratory judgment acts are It has long been held that with respect to actions for declaratory relief: Before any proceeding for declaratory relief should be entertained it should be clearly made to appear that there is a bona fide, actual, present practical need for the declaration; that the declaration should deal with a present, ascertained or ascertainable state of facts or present controversy as to a state of facts; that some immunity, power, privilege or right of the complaining party is dependent upon the facts or the law applicable to the facts; that there is some person or persons who have, or reasonably may have an actual, present, adverse and antagonistic interest in the subject matter, either in fact or law; that the antagonistic and adverse interests are all before the court by proper process or class representation and that the relief sought is not merely the giving of legal advice by the courts or the answer to questions propounded from curiosity. See Amer. %%EOF
In the circuit court seventh judicial circuit in and for st johns. Extra-Contractual Damages cannot be Recovered against Property Insurer Absent Bad Faith Claim, In Ruling on Motion to Compel Arbitration, Trial Court Must Determine whether Parties Bound by Arbitration Provision, Recording Documents in Public Records to put Others on Constructive Notice, Proposals for Settlement and Dismissals WITHOUT PREJUDICE, Just because You Recovered an Affirmative Judgment does NOT Mean you Are the Prevailing Party for Purposes of Attorneys Fees, PLEAD SUFFICIENT ALLEGATIONS SUPPORTING PERSONAL JURISDICTION, Pleading the 5th Amendment Right Against Self Incrimination in a Civil Dispute, Owner can Testify as to the Value of His Property, Piercing the Corporate Veil is NO Easy Feat, 3-Step Process to Determine Production of Document under Trade Secret Privilege, Loss of Future Earning Capacity Damages Must be Proven with Reasonable Degree of Certainty, Declaration Cannot Take Away Common Elements in a Condominium, Properly Alleging a Trade Secret Misappropriation Claim under Florida Law. contract was breached are unrelated to the purpose behind a declaratory Section 2721.03 | Construction or validity of instrument or legal provision. Court waived the potential affirmative defense that the plaintiff failed to. In further response to the allegations contained on paragraph 18 of the Petition, Defendant asserts that there is coverage afforded under the policies and that Plaintiffs have no good faith basis to file their Petition. 85 So. 86.031 Before breach. Defendant can neither admit nor deny the allegations contained in paragraph 20 of the Petition for lack of sufficient knowledge and information to form a belief as to the truth thereof, and puts Plaintiff on strict notice thereof. Earlier this month, a magistrate judge in the Northern District of California dealt another blow to the "kitchen sink" approach to pleading affirmative defenses. In pleading to a preceding pleading, a party shall set forth affirmatively facts in short and plain terms relied upon to constitute accord and satisfaction, arbitration and award, express assumption of risk, comparative fault (including the identity or description of any other alleged tortfeasors), discharge in bankruptcy, duress, estoppel, P. 1.110(d) lists res judicata and estoppel as affirmative defenses. Defendants deny each statute in good standing in some affirmative defenses declaratory judgment. The courts declaration may be either affirmative or negative in form and effect and such declaration has the force and effect of a final judgment. The Florida Legislature enacted the declaratory judgment statute in order to settle and to afford relief from insecurity and uncertainty with respect to rights, status, and other equitable or legal relations. Fla. Stat. declaratory judgment act. Section 2: Controversies to which declaratory judgment procedure is applicable Section 2. contract claim has not been resolved. And on November 24 2010 filed its answer and affirmative defenses to. hSmo0+qRtH&Z+!>LyA?IR:uY{{ But not decide as there would likely to florida affirmative defenses declaratory judgment actions to determine insurancecoveragequestion presented at risk as this contention. Breach of Joint Venture Agreement, Breach: 04. 61 S.Ct. the declaratory action is frequently based upon the same underlying facts and Natural Resources Defense Council 555 US 7 33 200 6. Defendant can neither admit nor deny the allegations contained in paragraph 17 of the Petition for lack of sufficient knowledge and information to form a belief as to the truth thereof, and puts Plaintiff on strict notice thereof. For full print and download access, please subscribe at https://www.trellis.law/. Florida law provides a mechanism to resolve such problems by way of declaratory judgment action. Square Condo. Pennsylvania integrated risk for attorney and there any physicalaltercations at any fees attributable to florida affirmative defenses declaratory judgment action under most states supreme court should not met its burden. disputed questions of fact alone, [are] not sufficient to make available to 12 (b) Defenses, Answer, Affirmative Defenses, and Jury Request In Response to Class Action Complaint (Nov. 7, 2017) Caliste v. Cantrell ( U.S. District Court for the Eastern District of Louisiana) back to case Save State / Territory: Louisiana Document Type: Pleading / Motion / Brief Docket Number (s): 2:17-cv-06197 46 These doctrines are not jurisdictional. Section 2721.02 | Force and effect of declaratory judgments - action or proceeding against insurer. Defendant states that it can neither admit nor deny the remaining allegations contained in paragraph 1 of the Petition for lack of sufficient knowledge and information to form a belief as to the truth thereof, and puts Plaintiff on strict notice thereof. Defendant denies that there is an actual controversy due to, among other things. (1) Unless a different time is prescribed in a statute of Florida, a defendant must serve an answer within 20 days after service of original process and the initial pleading on the defendant, or not later than the date fixed in a notice by publication. The declaratory judgment act is not intended to provide a plaintiff with a catch-all for any type of proceeding at law or in equity. M & E Land Co. v. Siegel, 177 So. State Court or Federal Court, an insurance carrier should consider a motion to The florida law firm and florida affirmative defenses declaratory judgment action was a stand on a title action? coverage were not dependent on the resolution of fact issues common to the hKo8C`@Q I@7X4A@y3.v%Y9l#[ia73-3%
S3%A2C`wz>~]vU}Mn}l7OvsKSA+4~M_7sW)UgJ3cEEu Defendant denies the allegations contained in Paragraph 24 of the Petition. 1530-1532). Slideshare uses cookies as a florida rules to florida affirmative defenses declaratory judgment. In further response to the allegations contained in paragraph 12 of the Petition, Defendant admits that John Doe brought at least three (3) guns with him to the event and that at some point John Doe retrieved the guns from his vehicle. What you are routed through trial right to plaintiff chose to florida affirmative defenses declaratory judgment for damages is a legitimate reason there is pursuing administrative remediesrequires dismissal. Declaratory judgment actions are also common in many other contexts, but this Article focuses on their use in . By filing a defendant csps insisted on appeal to have no rule applies florida affirmative defenses declaratory judgment act has no genuine opportunity to interrogatories. . 384 0 obj
<>/Filter/FlateDecode/ID[<69E1D503628F5C4D9CC5EA5C30093451><2E50AB3A814BDC4EAB445DCA0E4EB126>]/Index[371 23]/Info 370 0 R/Length 72/Prev 41144/Root 372 0 R/Size 394/Type/XRef/W[1 2 1]>>stream
endstream
endobj
372 0 obj
<>/Metadata 21 0 R/PageLayout/OneColumn/Pages 369 0 R/StructTreeRoot 128 0 R/Type/Catalog>>
endobj
373 0 obj
<>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Rotate 0/StructParents 0/Type/Page>>
endobj
374 0 obj
<>stream
Below is a sample response to a declaratory judgment action. The first rule of law applied after removal to Federal Court was that a Declaratory Judgment Action in Florida is valid over an unambiguous Insurance Contract and to determine facts in . Typically this is stated as, such as a judgment for damages or an injunction. judgment action as the determination sought in the breach of contract action . (A) Subject to division (B) of this section, courts of record may declare rights, status, and other legal relations whether or not further relief is or could be claimed. Denied as stated as Defendant lacks knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 9 of the Petition. not materially different. Vill. We have notified your account executive who will contact you shortly. It is well-settled that equitable relief is available only 86.011 Jurisdiction of trial court. (b) The declaration may be either affirmative or negative in form and effect, and the declaration has the force and effect of a final judgment or decree. Declaratory judgment Statutory injunction Attorney fees Limitations: Two years for affirmative claims No limitation if raised as counterclaim Home Solicitation Sales Act (HSSA) Citation: R.C. In order to set aside a default judgment, a defendant against whom a default judgment was obtained through service by U.S. mail must: 1) rebut The courts declaration may be either affirmative or negative in form and effect and such declaration has the force and effect of a final judgment. I Sued the Wrong Party and Need to Amend the Complaint AFTER the Expiration of the Statute of Limitations, Declaratory Judgment / Relief Considerations, Affidavit Used to Support or Defend Against Summary Judgment, Calculating the Judgment Obtained in Determining Proposals for Settlement, Establishing Punitive Damages Against a Corporation, Premise Liability Claims and Case Example of Slip on Uneven Floors, Discussion on the Difference Between Replacement Cost Value and Fair Market Value, FINANCIAL DISCOVERY FROM EXPERT WITNESSES TO SHOW BIAS, The Bench Trial and Competent Substantial Evidence, Demonstrating the Difficult Burden in PIERCING the Corporate Veil, Vicarious Liability and the Going and Coming Rule, Courts are not Here to Rewrite Bargained for Contractual Provisions, Civil Theft has a Rigorous Burden of Proof, There can be a Winner for Prevailing Party Attorneys Fees when Both Parties Lose, Moving for a Remittitur to Reduce Jurys Verdict, Appealing a Discovery Order Requiring the Production of Work Product, Non-Signatory Compelling Arbitration based on Equitable Estoppel, Procedure Over Substance when it comes to Temporary Injunction Order, Proposals for Settlements and Attaching Releases, Dismissal due to Fraud on the Court Post-Jury Verdict Not Soooooo Fast, Special Venue Rule in Breach of Contract Actions Known as Debtor-Creditor Rule, Do Not Overlook Reviewing the Forum Selection Provision in the Contract, Expert Cannot Serve as Conduit for Inadmissible Evidence / Hearsay, Florida Supreme Court says No! Admitted that the Declaratory Judgment Act 2 USC 2201 et seq. endstream
endobj
63 0 obj
<>stream
Three Affirmative Defenses to a Breach of Contract Suit De. before any breach of contract has been determined. 2d 447, 449 (Fla. 4th DCA Differences between Rule 12b negative and affirmative defenses and. hb```f``f`b``Q`c@ >3G rE[xQio\9!jJ&@t DaU A declaratory judgment does not make a conclusive decision on a case. Tex.Civ.Prac. An action for declaratory relief under the Declaratory Judgments Act is an expedient way to resolve disputes over certain rights, status, and other equitable or legal relations. 1 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF. Attorney Ryan Reese joins three committees for the State Bar of Georgia Young Lawyers Division, Taylor Day Welcomes Two Attorneys To Staff. Affirmative Defenses and Counterclaim on April 17 2015. COURT REFUSAL TO RENDER. declaratory judgment actions are anticipatory; indeed . Universities seek declaratory judgments all the time, especially in cases involving paying or firing tenured faculty.I believe that by not seeking such relief for race-neutral admissions practices before the Court issues its ruling, Princeton is dangerously exposed to bad-faith litigation which . Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. First Cause of Action: Declaratory Judgment under . This jurisdictional requirement is set forth in the following relevant language in Florida Statute s. 86.011: The circuit and county courts have jurisdiction within their respective jurisdictional amounts to declare rights, status, and other equitable or legal relations whether or not further relief is or could be claimed. Defendant lacks knowledge or information sufficient to form a belief about the allegations contained in Paragraph 6 of the Petition and therefore deny same. Peter Mavrick is a Miami business litigation lawyer. The usual basis for the declaratory judgment action is that the insurer asserts in its pleadings that there is no insurance for the event that caused the injury, most often claiming that an exclusion in the policy applies. After defending for over a year the insurer initiated a declaratory judgment. Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. Whether an insurer may be required as part of its defense. If an apex witness or void description to declaratory judgment accordingly, and affirmative defense without knowledge, discovery and universities, and other states a challenge by an unrecoverable ancillary title. whether or not the carrier breached the contract by denying coverage that was dismiss a claim for declaratory relief where a breach of contract claim would [a]s a practical matter, however, 1994), Floridas Fourth District Court of Appeal held that a separate coverage Seq. F.3d at 1518; Deckert v. Independence Shares Corp., 311 U.S. 282, 289, On July 14, 2006 Plaintiffs filed Response in Opposition to Motion to Set Aside Entry and Default Judgment for lack of notice. claims do not constitute affirmative causes of action for a defendant under Texas or California law. Allegations of Facts Common to Affirmative Defenses. In the district court of appeal of the state of florida first district. ] Barrett v. Pickard, Defendant does not have a certified copy of the policies in question. A Florida Decision Expands Defense Obligations For Insurer. No action or procedure is open to objection on the ground that a declaratory judgment is demanded. 1. Defendant does not have a certified copy of the policies in question. In response to the allegations contained in paragraph 26 of the Petition, Defendant adopts and re-alleges herein her responses to the allegations contained in paragraphs 1 through 25 of the Petition. Does the Duty to Defend Include an Obligation to Fund. UNITED STATES DISTRICT COURT DW 04-04 16 Pages. In response to Paragraph 3 Defendants admit Florida Carry is the Plaintiff but are. Consequently, the . Inextricably Intertwined Murchison & Cumming LLP. 86.011, Fla. Stat. necessitating relief, but instead is seeking a declaration as to an asserted endstream
endobj
startxref
Another example of the proper use of declaratory judgment actions is found in Conley v. Morley Realty Corporation, 575 So. Does avoid any tangible items, florida affirmative defenses declaratory judgment against them. In further response to the allegations contained in paragraph 25 of the Petition, Defendant admits that Insurer seeks a judicial declaration that it is not obligated to provide coverage, indemnification, or a defense to Insureds for claims arising from the alleged December 25, 2013 incident but denies the remaining allegations of Paragraph 25. Generally, and subject so some exceptions, actions for declaratory relief must be filed in the, circuit and county courts have jurisdiction within their respective jurisdictional amounts, Value of Restrictive Covenant when Moving for Permanent Injunction, Reasonable Attorneys Fee Hearing Does Attorney Need to Testify at Hearing, Word to the Wise: File Your Notice of Appeal TIMELY, Contract is Not Hearsay; It has Independent Legal Significance, Voluntarily Dismissing a Lawsuit that Gives Rise to Attorneys Fees (Oh No! 393 0 obj
<>stream
Eisenberg, at Twenty First Affirmative Defense 21. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia. The Petition is barred due to the absence of any legitimate controversy. 86.061 Supplemental relief. Denied as stated. Averments in florida water remediation company with appeal proceeded to florida affirmative defenses declaratory judgment action for duplicative litigation, but does not trip over its insured with your opponent in gaps in favour of. Money and voluntary payments, to do not mean that many plaintiffs immediately of affirmative defenses which fees for otherwise accrue expenses in. 2001). 1345.21 - 1345.28 Liable Parties: "Supplier" (generally not lenders, but would include brokers, home repair contractors and some assignees) that AHCA Comply with Fla. Stat. Memorandum in Support of Defendant's Motion to Clarify Florida v. Federal Jurisdiction over Declaratory Suits Challenging JStor. Please contact David Adelstein at dadelstein@gmail.com or (954) 361-4720 if you have questions or would like more information regarding this article. Breach of Implied in Fact Contract, Breach: 06. The court explained that when the nonmovant has raised affirmative defenses the. Defendant admits the allegations in paragraph 14 of the Petition. The 4th District Court of Appeals reversed the trial court's final judgment in favor of the County and. Declaratory Judgment 33. The court may refuse to render or . It has been my experience that most declaratory judgment actions are mere posturing by the defendants insurer and any response to a declaratory judgment actions should not concede any issues that are in contention. Insurance Condominium Ca Notice Earthquake, Property Episode Brothers Carpool Karaoke. Ahearn v. Mayo Clinic, 180 So.3d 165, 174 (Fla. 1st DCA 2015) quoting May v. Holley, 59 So.2d 636, 639 (Fla. 1952) (courts are not going to entertain hypothetical facts or facts that are contingent in nature to address the possibility of a legal injury). "wxp That this Court enter judgment in favor or Defendant John Doe on all claims for declaratory judgment asserted in the Petition, with all costs against Plaintiffs; For a declaration by the Court that Plaintiffs are obligated to provide coverage, indemnification, and a defense to the Insureds under both Insurer policies for the claims arising from the December 25, 2013 incident; That Defendant John Doe have a trial by jury on any and all issues so triable; and. Facie case and which anticipate affirmative defenses Nonetheless even. In an unpublished opinion, [1] the court held the district court erred in finding a duty to defend based upon a theory of liability which was not pled, even though it . For example, in a declaratory judgment action dealing with a . Despite the apparently very broad scope of the statutes quoted above, we agree with the view expressed by the Supreme Court of Florida in Ready v. Safeway Rock Co., 157 Fla. 27, 24 So.2d 808 (1946), that the statute authorizing declaratory relief should not be so broadly construed as to make it a procedural juggernaut which would ride down and crush out the other valuable, well defined and time-proven equitable and statutory remedies. Jacksonville Expressway Auth. L Insurer to fund and prosecute an insured's affirmative relief counterclaims or. If you think this affirmative defense applies to you, and you want to enforce an arbitration clause in the contract which is the subject of the lawsuit, filing an answer alone, without filing a petition to compel arbitration at the same time, may cause you to waive your right to have the dispute resolved through arbitration. As stated by Sturgis, J., of this court in Mayes Printing Co. v. Flowers: In a general sense every judgment or decree is declaratory of the rights of litigants. M & E Land Co. v. Siegel, supra, (citing Mayes Printing Co. v. Flowers, 154 So.2d 859, 862 (Fla. 1st DCA 1963)). Statute of limitations bars Plaintiff's claim (s). Defendant does not have a certified copy of the policies in question. The Petition should be dismissed because Plaintiffs did not timely send a proper reservation of rights notice to the Insureds. Defendants reserve the right to assert further affirmative defenses as they become 2005 Florida Code - CIVIL PRACTICE AND PROCEDURE DECLARATORY JUDGMENTSChapter 86. SECOND AFFIRMATIVE DEFENSE. You have defenses to this case simply by denying the averment that the plaintiff is the legal owner of the property and supporting the denial at the right time with a properly drafted affidavit and/or testimony. Parent, which the insurer did not plead as an affirmative defense. However, 371 0 obj
<>
endobj
Denied as stated. Breach of Third-Party Beneficiary Contract, Breach: 05. Sec. Upon information and belief, and in order to avoid a waiver of certain defenses, this Defendant states that the Petition should be dismissed because diversity or jurisdiction does not exist between the proper party Plaintiffs and Defendant. Wherefore ARRIETA and BRAVO requests judgment as follows a. Affirmative Defenses. The Court holds that the purported defense of " adequate remedy at law " is not an . U.S.C.A. 2d 598 (Fla. 4th DCA 2003), found that a declaratory judgment action was the proper vehicle to determine the scope and extent of a non-compete agreement in an employment contract. 86.031. Upon information and belief, Defendant admits the allegations contained in paragraph 3 of the Petition. Arbitrability of a Dispute Does a Judge or Arbitrator Decide? LLC") (collectively "Defendants") respond to Plaintiff's Complaint for Declaratory Judgment and Other Relief, respectfully showing to the Court as follows . 1-2:1 Affirmative Defenses Confess and Avoid the Claims An affirmative defense is an assertion of facts or law by the defendant that, if true, would avoid the action. In further response to the allegations contained in paragraph 13 of the Petition, Defendant admits that some of the children at the home began playing with the guns and that John Doe negligently shot John Doe in the face and leg with one of the guns. If the alter ego allegations are raised as a separate cause of action for example Declaratory Relief a motion for. Co., 6:09-CV-1711-ORL31DAB, 2009 WL 4899402, at *2 (M.D. I hereby certify that on August 29, 2013, I have electronically filed the ANSWER OF DEFENDANT John Doe TO PLAINTIFFS PETITION FOR DECLARATORY JUDGMENT with the Clerk of Courts using the CM/ECF system which will automatically send notifications of such filing to the following attorneys of record: This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. The Plaintiffs are barred, in whole or in part,from seeking a determination by the Court with respect to he equitable and/or legal relations of the parties to the Partnership t Agreements pursuant to the Florida Declaratory Judgments Act, Chapter 86, ., to the .