Cowne v. Weber

WALDEN, Judge.

The trial court correctly dismissed plaintiffs’ complaint for declaratory judgment because of its failure to allege facts reflecting a justiciable controversy. Miller v. Miller, Fla.App.1963, 151 So.2d 869; Hialeah Race Course, Inc. v. Gulfstream Park Racing Association, Inc., Fla.App.1968, 210 So.2d 750. However, the trial court went on in the appealed final judgment to opine:

“. . . [I]t being apparent that the antenuptial agreement has no effect upon the inheritance rights of MILDRED R. SNODGRASS, the widow, as sole heir at law of her husband. See: 151 So.2d 869 (2nd…