Allstate Insurance Co. v. Anderson

HUBBART, Judge.

By this appeal we are asked to review the propriety of an order granting a motion to dismiss a declaratory judgment action filed in the Circuit Court for the Eleventh Judicial Circuit of Florida. We affirm the order appealed from with two modifications: (1) the dismissal herein, to the extent that it was made with prejudice, is stricken; and (2) the order declaring the rights of the parties is stricken. In our view, the complaint as presently framed fails to establish a bona fide, actual, present, practical need for a declaration of the rights of the parties under Chapter 86,…