Rainey v. Haley

I concur in result. In my view, the circuit court correctly dismissed Appellant’s declaratory judgment action. I disagree, however, with the majority’s reasoning as I believe the circuit court had subject matter jurisdiction, but the matter was not procedurally proper for its consideration. Because Appellant’s primary purpose for filing the action was to seek a declaration that Respondent’s conduct violated the criminal laws of this state, I would find declaratory judgment proceedings were inappropriate as it would deprive Respondent of her constitutional right to a jury trial. Furthermore,…