Opinion
No. 76-2389.
November 1, 1978.
Appeal from the Circuit Court, Broward County, George W. Tedder, Jr., J.
Harry G. Carratt of Morgan, Carratt O'Connor, Ft. Lauderdale, for appellants.
Edward R. Rumin of Adams Adams, Fort Lauderdale, for appellees.
The trial court dismissed a third amended complaint when the complaint was sufficient to invoke the court's jurisdiction to grant declaratory relief. Bell v. Associated Independents, Inc., 143 So.2d 904 (Fla. 2d DCA 1962). In doing so the court abused its discretion by not recognizing the standing which the appellant "Association" has to seek a declaration of its rights under certain assignments and the Declaration of Condominium.
The order dismissing the third amended complaint is reversed and this cause is remanded for further proceedings.
REVERSED and REMANDED.
DOWNEY, C.J., and DAUKSCH, JJ., concur.
CROSS, J., concurs specially, with opinion.
I concur in the result reached in the instant case even though the complaint herein under review is unduly burdened with misjoinder of parties and of causes of action. Basically, Plaza South Association, Inc. seeks a declaration of its rights under certain irrevocable assignments of additional parking spaces. This is a proper matter for declaratory relief under Section 86.021, Florida Statutes, and the cause is properly returned to the trial court for further proceedings.