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American Indem v. S. Credit Acceptance

District Court of Appeal of Florida, Third District
Dec 14, 1962
147 So. 2d 10 (Fla. Dist. Ct. App. 1962)

Summary

holding that, in a declaratory action case, "courts may not be required to answer a hypothetical question or one based upon events which may or may not occur"

Summary of this case from Santa Rosa County v. Administration Commission, Division of Administrative Hearings

Opinion

No. 62-208.

November 27, 1962. Rehearing Denied December 14, 1962.

Appeal from the Circuit Court, Dade County, Harold R. Vann, J.

Blackwell, Walker Gray and Melvin Boyd, Miami, for appellant.

Beigel, Teitelman Albert, Miami, for appellee.

Before PEARSON, TILLMAN, C.J., and HORTON and HENDRY, JJ.


The plaintiff appeals an order dismissing its complaint for declaratory judgment. The defendant moved for the order upon the ground that the complaint did not state a cause of action for declaratory relief.

The complaint alleged that the plaintiff had issued to the defendant a "Comprehensive, Dishonesty, Disappearance and Destruction Policy" and that the plaintiff, insurance company, had been advised by defendant that claims under the policy might be made because of certain alleged activities of a person formerly employed as a manager of defendant's business. The prayer was for a declaration by the Court that defendant was not entitled to recover under the policy and should be restrained from instituting action for recovery of any sums thereunder.

It has been held that the courts may not be required to answer a hypothetical question or one based upon events which may or may not occur. Anderson v. Dimick, Fla. 1955, 77 So.2d 867; Harris v. Harris, Fla.App. 1962, 138 So.2d 376. Doubt because of disputed questions of fact alone is not sufficient. Halpert v. Oleksy, Fla. 1953, 65 So.2d 762.

Affirmed.

HENDRY, J., dissents.


Summaries of

American Indem v. S. Credit Acceptance

District Court of Appeal of Florida, Third District
Dec 14, 1962
147 So. 2d 10 (Fla. Dist. Ct. App. 1962)

holding that, in a declaratory action case, "courts may not be required to answer a hypothetical question or one based upon events which may or may not occur"

Summary of this case from Santa Rosa County v. Administration Commission, Division of Administrative Hearings

affirming trial court's dismissal of insurance company's claim for declaratory relief where insured merely notified insurer that "claims under the policy might be made;" holding that, in a declaratory action, "courts may not be required to answer a hypothetical question or one based upon events which may or may not occur"

Summary of this case from Hansen v. Geovera Specialty Insurance Company
Case details for

American Indem v. S. Credit Acceptance

Case Details

Full title:AMERICAN INDEMNITY COMPANY, A TEXAS CORPORATION, APPELLANT, v. SOUTHERN…

Court:District Court of Appeal of Florida, Third District

Date published: Dec 14, 1962

Citations

147 So. 2d 10 (Fla. Dist. Ct. App. 1962)

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