Fugazzoto v. Brookwood One

I concur in that portion of the opinion which affirms the trial court’s order dismissing count one. I concur in the result of the opinion as to count two, the claim for declaratory judgment. I can only agree that the trial court’s granting of the motion to dismiss as to count two was improper, because I believe the complaint, especially when construed under Alabama’s new Rules of Procedure, states a “justiciable controversy.” In my opinion, the plaintiffs barely state a claim for declaratory relief. The plaintiffs seek to have adjudicated “anticipatory rights” and this Court has said that a…