12 Fla. L. Weekly Supp. 151b
Insurance — Declaratory judgments — Factual issues — Dismissal
ELVES THOMAS, Plaintiff, v. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 4th Judicial Circuit in and for Duval County. Case No. 2004-CC-1953, Division CC-O. May 17, 2004. Ronald P. Higbee, Judge. Counsel: Vincent P. Gallagher, Jacksonville, for Plaintiff. Christopher K. Leifer, James C. Rinaman, III & Associates, P.A., Jacksonville, for Defendant.
ORDER GRANTING DEFENDANT’S MOTION TO DISMISS COMPLAINT FOR DECLARATORY RELIEF
A hearing was held on the defendant’s Motion to Dismiss Complaint for Declaratory Relief and the court having heard argument of counsel, it is
ADJUDGED that the defendant’s Motion to Dismiss Complaint for Declaratory Relief is granted. “A declaratory judgment is not available to settle factual issues bearing on liability under a contract which is clear and unambiguous and which presents no need for its construction.” New Amsterdam Cas. Co. v. Intercity Supply Corp., 212 So.2d 110 (Fla. 4th DCA 1968). “Questions of fact will not support a declaratory relief action.” Columbia Casualty Co. v. Zimmerman, 62 So.2d 338 (Fla. 1952); Hartford Life Ins. Co. v. Albert, 191 So.2d 579 (Fla. 3d DCA 1966).
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