Berkowitz v. Firestone

The appellant was the defendant in the trial court to a suit for a declaratory decree. His motion to dismiss the complaint was denied whereupon this interlocutory appeal was taken. The basic contention is that the merits of the cause are so clearly for the defendant that the chancellor erred in finding that the complaint presents a bona fide need for the declaration. See Columbia Casualty Co. v. Zimmerman, Fla.1952, 62 So.2d 338. It is urged that the existence of appellant’s rights are so clear as to make the prayer for a declaration a request by ap-pellee for advice from the court. We think…