Legal Opinion
Joseph v. Board of Public Instruction
District Court of Appeal of Florida
Decided March 29, 1966No. 65-872PublishedCited by 2 opinions
1Opinion of the Court
CARROLL, Judge.
This is an appeal by the plaintiffs below from an order transferring a suit for declaratory judgment under Chapter 87, Fla.Stat., F.S.A., from equity to law. In claiming error the appellant appears to proceed on the theory that cases for declaratory judgment under Chapter 87 are to be filed on the equity side of the circuit court rather than the law side. We do not agree.
In City of Miami v. Miami Transit Company, Fla.App. 1957, 96 So.2d 799, 801, it was said:
“Where the subject matter is of a kind considered acceptable to equity jurisdiction, a complaint or petition for…
2Cases cited3 opinions
- City of Miami v. Miami Transit CompanyDistrict Court of Appeal of Florida · 1957
- Coast Cities Coaches, Inc. v. WhyteDistrict Court of Appeal of Florida · 1958
- Caballero, Herdegen & Knight, Inc. v. ThrelkeldDistrict Court of Appeal of Florida · 1962
3Cited by2 opinions
- North American Life & Casualty Co. v. WolterCourt of Appeals for the Fifth Circuit · 1979
- North American Life and Casualty Company v. David A. Wolter, as Trustee Under the Last Will and Testament of Emily Thompson Wolter, Deceased, the Minnesota Mutual Life Insurance Co. v. Mary A. Meads and David A. Wolter, as Trustee Under the Last Will and Testament of Emily Thompson Wolter, Deceased, the Travelers Insurance Company v. David A. WolterCourt of Appeals for the Fifth Circuit · 1979