A lawsuit seeking a declaratory judgment—also known as a “deck action” (dec. action)—is a lawsuit that asks the court to determine the rights, status, or other legal relations of the parties when a controversy has arisen, but before a wrong has been committed. A declaratory judgment seeks to prevent further litigation, liability, and harm. Declaratory relief is not available to settle disputes already pending before a court. A declaratory judgment is improper if the relief requested is raised for the first time in an amended petition (lawsuit) and merely addresses the same issues as were raised in the original petition.
A declaratory judgment is often sought when there is a disagreement over the meaning or application of an insurance policy or other contract, or a deed, will, trust, lease, statute, or municipal ordinance.
In Florida, a declaratory judgment, or 'dec action,' is a legal remedy used to resolve uncertainty or disputes over legal rights or status before any harm or violation has occurred. This type of lawsuit is governed by the Florida Declaratory Judgment Act, which can be found in Chapter 86 of the Florida Statutes. The Act allows for a person to seek a judicial determination on the construction or validity of a written instrument such as a contract or a will, or to determine rights, status, or other equitable or legal relations. The purpose of a declaratory judgment is to resolve doubts and controversies that might lead to future litigation, thus providing parties with relief from uncertainty and insecurity regarding their legal rights. However, it is not intended to be used for disputes that are already the subject of ongoing litigation, nor is it appropriate to introduce issues in an amended petition that are essentially the same as those in the original petition. The courts will not grant declaratory relief if it is not necessary or proper at the time of the request.