sample motion for declaratory judgment

Thereafter, on March 6, 2009, Defendant HIPP filed its answer and counterclaim for reformation of the Articles of Incorporation. Description Declaratory Judgment. Sample 2. Court samples are copies of actual pleadings or documents filed in a Court proceeding or land records file. Declaratory Judgment. COMPLAINT FOR DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF . declaratory judgment as a matter of law. Declaratory judgments. On or about June 21, 2013, Defendant, Gregg Wallick was served with process in this action. Construction of contract before or after breach. of Trade, Inc., 380 S.W.2d 215, 216 (Ky. 1964). Davy brings this suit seeking a declaratory judgment that the $556,290.00 “severance” provision of defendant Barbara Tzeszkowski’s employment contract with defendant, Keansburg Board of Education is null and void as a matter of public policy. On May 5, 2015, Defendants filed the Motion to Dismiss, seeking dismissal of the Complaint pursuant to Rule 12(b)(6). Discretion of court to refuse judgment. § 1983 for declaratory and injunctive relief against the Defendant, City of Chicago, Illinois, and state as follows. Plaintiffs repeat and incorporate each and every allegation contained in the paragraphs above as if fully set forth herein. The court may refuse to render or enter a declaratory judgment or decree if the judgment or decree would not terminate the uncertainty or controversy giving rise to the proceeding. The court may order a speedy hearing of a declaratory-judgment action. The Lower Court (_____), granted IC’s Summary Judgment Motion by an Order and Judgment dated _____and ruled that E knew of should have known that it was 213 (S.D.N.Y. In a declaratory judgment action in which the court rules against the position of the plaintiff, it should enter a declaratory judgment and not sustain a motion to dismiss. This is an action for injunctive relief. Plaintiff is not a party to that contract. Monarch County Mobilehome OA vs City of Goleta et al Nature of Proceedings: Motion: Entry of Judgment Tentative Ruling: The court enters judgment pursuant to the court of appeal’s order of remand, denies petitioner and plaintiff Monarch Country Mobilehome Owners Association’s verified petition for writ of mandate and complaint, and orders this action dismissed, with … Judgment against Defendant, Greg Wallick (the “Defendant”), for its failure to file any responsive pleading or paper in this action, or otherwise assert any defense to this action, and in support of the Motion, Plaintiffs state as follows: 1. On _____, IC filed a Summary Judgment Motion to Dismiss E’s Complaint seeking Declaratory Judgment. The equities favor a stay pending appeal even if Madison were not entitled to one as a matter of right. at 25-26. United for Missouri is committed to educating and mobilizing citizens about the Declaratory judgments on trusts or estates. Summary judgment. recoverable by the prevailing party under the Texas Declaratory Judgment Act, the federal act does not provide for fees to be awarded. declaratory judgment as a matter of law. Federal Jurisdiction Issues A. Diversity Jurisdiction 1. Therefore I, the living, breathing, flesh-and-blood man appearing as Jon: Doe, do hereby and herewith solemnly state: (i) that Affiant is over the age of twenty-one (21) years; (ii) that Affiant is competent for stating the first-hand facts and knowledge contained herein; (iii) that Affiant grants original jurisdiction to this court; (iv) that Affiant has the right to petition for declaratory … The purpose of a Declaratory Judgment is to protect you, your child, your relationship with your child, your property, and your money from your ex and the state: Enter a declaratory judgment finding that based upon the circumstances outlined in this complaint that the document attached to this complaint is sufficient to facilitate the issuance of a duplicate title. 5. In 1-800-Flowers.com Inc. v. Edible Arrangements, LLC, 12 cv 1483 (DRH) (ARL) (E.D.N. Declaratory judgments on trusts or estates. declaratory judgment be granted as requested herein, and Plaintiff be awarded costs and reasonable and necessary attorney’s fees, and for such other and further relief that may be awarded at law or in equity. MOTION FOR FINAL DECLARATORY JUDGMENT Safehouse and Jose Benitez (collectively, “Safehouse”) respectfully move this Court pursuant to Federal Rules of Civil Procedure 56 and 57, and 28 U.S.C. 28.030. II. 806.02 Annotation The decision to grant default judgment is within the sound discretion of the circuit court. The Complaint seeks a declaratory judgment regarding the legal relationship between the parties. “When a motion to dismiss a complaint seeking a declaration of rights has been made, the question moving party is entitled to a judgment as a matter of law.” Fla. R. Civ. Memorandum Decision and Order on Plaintiffs' Motions for Declaratory Judgment --page 6 of 321 2 3 29A.72.050. A. Rules 38 and 39 govern a demand for a jury trial. Wherefore, Plaintiff prays for judgment against the Defendants as follows: Respectfully submitted, KOONSFULLER, P.C. It is a declaration by the court of whether the plaintiff or defendant set forth the winning argument, but neither party is expected to act further in accordance with the judge. A declaratory judgment, also called a declaration, is the legal determination of a court that resolves legal uncertainty for the litigants.It is a form of legally binding preventive by which a party involved in an actual or possible legal matter can ask a court to conclusively rule on and affirm the rights, duties, or obligations of one or more parties in a civil dispute (subject to any appeal). The Declaratory Judgment aims at abolishing the rule which limits the work of the courts to 2 recipients who timely request a hearing after receipt of notice of an agency’s adverse ... Motion for Temporary Injunction. 959, Sec. Karsh v. City & County of Denver, 176 Colo. 406, 490 P.2d 936 (1971). The Motion for Summary Judgment may be filed after the defendant has filed a response to the complaint (such as an answer or a motion to dismiss), but no later than 30 days after the close of discovery. You will find the deadline for the close of discovery by looking at the Court’s “scheduling order” in your case. 37 On the Petition of Amoury for Declaratory Judgment, 307 F.Supp. Download Form (docx, 55.27 KB) Download Form (pdf, 1.03 MB) Form Number: Pro Se 12. I. These rules govern the procedure for obtaining a declaratory judgment under 28 U.S.C. Construction of contract before or after breach. to request the Court's ruling on Plaintiffs' Motion for Declaratory Judgment. Case: 1:16-cv-07447 Document #: 1 Filed: 07/21/16 Page 7 of 9 PageID #:7 Local venue flavor/influences II. of Superior Court of Wake County. a declaratory judgment that DFS contests are legal under Texas law. COMPLAINT FOR DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF Plaintiffs Victoria Kirk and Karissa Rothkopf, by their attorneys, complain against Damon T. Arnold, M.D., in his official capacity as State Registrar of Vital Records, as follows: Preliminary Statement 1. 37.009. Rule 57: Declaratory Judgments. Declaratory Judgment. Begin your response. In your first sentence, identify yourself as either the plaintiff or the defendant, state whether you are represented by an attorney, and state that you are responding to the other side's motion for summary judgment, and believe that motion should be denied. That Anna R. Smith, deceased, is a First Class Insured under the UM/UIM This is an action for Declaratory Judgment and for Supplemental legal and equitable relief pursuant to Chapter 86, Florida Statutes. The court properly denies a motion for default judgment if it determines that it would be compelled to reopen the judgment if the party opposing the motion would bring a motion to vacate under s. 806.07 (1). Amount in Controversy However, Plaintiff has Not recommended for use by non-attorneys. FACTUAL ALLEGATIONS TSA’s Limited Administrative Search Authority 11. Declaratory Judgment action was obtained by the Petitioner prior to the filing of the original Declaratory Judgment Petition on June 25, 2015. Enter a declaratory Judgment findingthat based upon circumstances outlined in this complaint that the document attached to this complaint is sufficient to facilitate the issuance of a duplicate title. GRANTING PLAINTIFFS’ MOTION FOR DECLARATORY JUDGMENT AND PERMANENT INJUNCTION This civil case is before the Court for final decision on Plaintiffs’ Motion for Declaratory Judgment and Permanent Injunction (Doc. Court refused this collateral attack on prior judgment by declaration. 1212 o-i. It is well-established that an issue of statutory interpretation is not only an appropriate subject for declaratory relief, but one which is particularly well-suited for resolution by declaratory judgment. A declaratory judgment is often prior to the filing of a lawsuit, and as such, courts are sometimes … Vehicles to issue a duplicate title for : §§ 9-4-2, 9-4-3, and 9-5-3, Plaintiff Gwinnett County School District brings this action seeking, inter alia, a judicial declaration that certain provisions of the Georgia Code concerning the Georgia Charter Schools Commission and Commission charter This is a Court Sample and NOT a blank form. A declaratory judgment is a binding judgment from a court defining the legal relationship between parties and their rights in a matter before the court. (b) For defending party. Any question that was not answered prior to the Declaratory Judgment action was clearly answered in the Motion for Sanctions prior to the hearing on the Amended Petition. The Uniform Act is as follows: G.C. Acts 1985, 69th Leg., ch. v. Mitchell, 138 F.3d 208, 210 (5th Cir. § 1983 for declaratory and injunctive relief against the Defendant, City of Chicago, Illinois, and state as follows. § 1391. by Robert J. Fleming. On February 14, 2014, the Court heard oral argument and took under advisement Plaintiffs’ claim for declaratory judgment. 1998). A declaratory judgment is a judgment rendered by a judge without ordering any party to pay damages or make restitution. This is an action for a declaratory judgment and injunctive relief against T’Lani Robinson and Robby Brown (collectively “Defendants”). Plaintiffs Jerome Davis, Veronica Walker-Davis, and Spencer Byrd bring this complaint pursuant to 735 ILCS 5/2-701, 735 ILCS 5/2-801, and 42 U.S.C. Also, seeking title by declaratory judgment is improper. Declaratory judgments. On the Second Cause of Action, for a declaratory judgment pursuant to Code of Civil Procedure section 1060 declaring: a. that Alberto Culver has exposed individuals to a chemical known to the State of California to cause cancer without providing clear and reasonable warning; and 4. ¶7 Our Declaratory Judgment Act was adopted in 1961. 2‑701. §§ 2201 and 2202. by July 8, 2015. The court may order a speedy hearing of a declaratory judgment action. Civil Procedure — Judgment. 49-50i), Defendants’ memorandum in opposition Y. November 28, 2012), the court granted Edible Arrangements Motion to Dismiss the Declaratory Judgment Complaint of 1-800-Flowers for failure to meet the "case of actual controversy" requirement of the Declaratory Judgment Act. and that a prior judgment is void. It was recognized as "substantially" the same as the Uniform Declaratory Judgments Act, although it provided certain exceptions to the power of the court to grant declaratory relief. The existence of another adequate remedy does not preclude a declaratory judgment that is otherwise appropriate. The Declaratory Judgment Act itself provides that a “declaration shall have the force and effect of a final judgment or decree,” 28 U. S. C. § 2201; eminent authority anticipated that declaratory judgments would be res judicata, E. Borchard, Declaratory Judgments 10-11 (2d ed. (735 ILCS 5/2‑701) (from Ch. Mitchell’s motion for summary disposition and declaratory judgment and respectfully requests that this Honorable Court deny the motion for the reasons herein: 1. | … < /a > a > Summary judgment and adopts by reference the private Defendant-Intervenors’ for! Procedure for obtaining a declaratory judgment that is otherwise appropriate & County of,! 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