Ask Experts Questions for FREE Help !
Ask
    mlkisenwether's Avatar
    mlkisenwether Posts: 1, Reputation: 1
    New Member
     
    #1

    Aug 17, 2009, 06:43 AM
    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.
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
    Ultra Member
     
    #2

    Aug 17, 2009, 07:27 AM

    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/
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
     
    #3

    Aug 17, 2009, 08:14 AM
    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.
    [/url]
    No. You should file an answer. Otherwise you could be defaulted and if so not allowed to have your say at such a hearing.
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
    Ultra Member
     
    #4

    Aug 17, 2009, 08:24 AM
    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?

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Judicial Release [ 2 Answers ]

If a Judicial Release is filed for someone in Ohio and a court date is given for the person to appear, does that mean it will be granted? She is currently in a prison 2 hours from here (where the court date is set). Will they have to bring her for the court date? Does that mean it will be granted...

Answer to Relief of an Automatic Stay [ 1 Answers ]

How to write an answer to a relief from an automatic stay filed under Chapter 13?

Judicial Release. [ 3 Answers ]

Does any one know who I would ask for a Judicial Release or how to do it?

Judicial System [ 4 Answers ]

Who has the power to void laws considered unconstitutional? The President can fill a vacancy on the Court using his power of appointment provided the ? Approve his choice.:confused:


View more questions Search