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-   -   How do I answer a summon for declaraty relief in fifth judicial circuit, fl (https://www.askmehelpdesk.com/showthread.php?t=387665)

  • Aug 17, 2009, 06:43 AM
    mlkisenwether
    How do I answer a summon for declaraty relief in fifth judicial circuit, fl
    I have received a summon for decaratory refief, in fifth judicial circuit, pertaining to ownership of an easement.
  • Aug 17, 2009, 07:27 AM
    stevetcg

    Decaratory relief refers to a judgment of a court which determines the rights of parties without ordering anything be done or awarding damages. By seeking a declaratory judgment, the party making the request is seeking for an official declaration of the status of a matter in controversy. Optimally, the resolution of the rights of the parties involved will prevent further litigation. For example, a party to a contract may seek the legal interpretation of a contract to determine the parties' rights, or an insured may seek a determination of insurance coverage under a policy.

    Basically someone is asking for clarification as to what the easement is and their rights. As a party to this, you are entitled to attend the relief hearing. You answer it by attending.

    Cite: http://definitions.uslegal.com/d/declaratory-relief/
  • Aug 17, 2009, 08:14 AM
    AK lawyer
    Quote:

    Originally Posted by stevetcg View Post
    As a party to this, you are entitled to attend the relief hearing. You answer it by attending.
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    No. You should file an answer. Otherwise you could be defaulted and if so not allowed to have your say at such a hearing.
  • Aug 17, 2009, 08:24 AM
    stevetcg
    Quote:

    Originally Posted by AK lawyer View Post
    No. You should file an answer. Otherwise you could be defaulted and if so not allowed to have your say at such a hearing.

    Wouldn't it depend on what they were asking?

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