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DeLoach v. Three Bays Properties #2, Inc.

District Court of Appeal of Florida, Third District
Dec 27, 1967
205 So. 2d 362 (Fla. Dist. Ct. App. 1967)

Opinion

No. 67-262.

December 27, 1967.

Appeal from the Circuit Court, Dade County, Henry L. Balaban, J.

Guion T. DeLoach, Leonard G. McNeil, Miami, for appellants.

Mershon, Sawyer, Johnston, Dunwody Cole and Robert G. Lilly, Jr., Miami, for Three Bays.

Walton, Lantaff, Schroeder, Carson Wahl and Aubrey V. Kendall, Miami, for Gables Estates.

Before PEARSON, BARKDULL and HENDRY, JJ.


This is an appeal by the plaintiffs in the trial court, seeking a reversal of an adverse order dismissing their complaint for declaratory relief.

We affirm.

The record on appeal, viewed in a light most favorable to the appellants, fails to demonstrate that they were entitled to a declaration of rights at the time of the entry of the order here under review. Bryant v. Gary, Fla. 1954, 70 So.2d 581; Colby, v. Colby, Fla.App. 1960, 120 So.2d 797; Grable v. Hillsborough County Port Authority, Fla.App. 1961, 132 So.2d 423. The most that a declaration could have done would have been to render an advisory opinion. Colby v. Colby, supra; Ashe v. City of Boca Raton, Fla.App. 1961, 133 So.2d 122; Village of Virginia Gardens v. City of Miami Springs, Fla.App. 1965, 171 So.2d 199. There was no present existing controversy between the parties at the time the cause was dismissed. Colby v. Colby, supra; Grable v. Hillsborough County Port Authority, supra; Perry v. Genung, Fla. App. 1964, 163 So.2d 54.

Therefore, the action of the chancellor be and the same is hereby affirmed.

Affirmed.


Summaries of

DeLoach v. Three Bays Properties #2, Inc.

District Court of Appeal of Florida, Third District
Dec 27, 1967
205 So. 2d 362 (Fla. Dist. Ct. App. 1967)
Case details for

DeLoach v. Three Bays Properties #2, Inc.

Case Details

Full title:GUION T. DeLOACH AND GERTRUDE DeLOACH, HIS WIFE, APPELLANTS, v. THREE BAYS…

Court:District Court of Appeal of Florida, Third District

Date published: Dec 27, 1967

Citations

205 So. 2d 362 (Fla. Dist. Ct. App. 1967)