Legal Opinion · Dissent
Instant Win v. Summit County Sheriff, Unpublished Decision (4-10-2002)
Ohio Court of Appeals
Decided April 10, 2002No. C.A. No. 20762Unpublished
1Dissent
I must respectfully dissent as I feel the trial court properly dismissed the declaratory judgment, albeit for different reasons than that articulated by the trial court.
As stated by the Tenth District Court of Appeals in Help the Childrenv. Dept. of Liquor Control (Jan. 11, 1996), Franklin App. No. 95APE06-802, unreported:
Three elements are necessary prerequisites to a declaratory judgment action. First, a real controversy must exist between the parties; second, the controversy must be justiciable in character; and third, speedy relief is necessary to preserve the rights of the parties.…
2Cases cited5 opinions
- The Toilet Goods Association, Inc. v. John w.ga Rdner, Secretary of Health, Education, and WelfareSupreme Court of the United States · 1967
- Toilet Goods Ass'n v. GardnerSupreme Court of the United States · 1967
- Burger Brewing Co. v. Liquor Control CommissionOhio Supreme Court · 1973
- American Life & Accident Ins. v. JonesOhio Supreme Court · 1949
- Troy Amusement Co. v. AttenweilerOhio Supreme Court · 1940