Bradsheer v. Florida Department of Highway Safety & Motor Vehicles

I respectfully dissent. “The test for the sufficiency of a complaint for declaratory judgment is not whether the plaintiff will succeed in obtaining the decree he seeks favoring his position, but whether he is entitled to a declaration of rights at all.” X Corp. v. Y Pers., 622 So.2d 1098, 1101 (Fla. 2d DCA 1993) (citing Platt v. Gen. Dev. Corp., 122 So.2d 48 (Fla. 2d DCA I960)). A plaintiffs losing position on the merits does not defeat entitlement to declaratory judgment. When a cause of action for declaratory relief is — as this one was — properly pleaded,6 the plaintiffs are entitled to a…