declaratory judgment texas family law

Co. v. Trejo, 39 F.3d 585, 590 (5th Cir. Prac. Suite 400 recoverable by the prevailing party under the Texas Declaratory Judgment Act, the federal act does not provide for fees to be awarded. Co., 628 S.W.2d 184 (Tex. 37.005. See, e.g., City of Galveston v. Giles, 902 S.W.2d 167 (Tex. 45 (N.D. Tex. JURY TRIAL. Mut. On the other hand, if the plaintiff engaged in fraud or misconduct designed to avoid service, the court may be able to set aside a default . 1 Partner, Scheef & Stone, LLP, Frisco, Texas. App.Corpus Christi 1982, no writ) (could not consider facts of ownership that conflicted with petition); Calderon v. Mid-Century Indem. E.g., Chenault v. Phillips, 914 S.W.2d 140, 141 (Tex. Co. v. River Entertainment, 998 F.2d 311, 315 (5th Cir. App.Fort Worth 1978, no writ); Providence Lloyds Ins. . Uniform Declaratory Judgment Act A party to a declaratory judgment claim may recover "reasonable and necessary attorney's fees as are equitable and just" under the Uniform Declaratory Judgment Act (UDJA), which is codified in Chapter 37 of the Texas Civil Practice and Remedies Code. The court may refuse to render or enter a declaratory judgment or decree if the judgment or decree would not terminate the uncertainty or controversy giving rise to the proceeding. 31 The Federal Declaratory Judgment Act creates a remedy, not a basis for jurisdiction. In Wade, the insurer argued that it was not challenging the veracity of the facts alleged, but had a defense independent of the pleadings. Co., 975 S.W.2d 329, 332 n.1 (Tex. Saint Paul, MN 55102 See, e.g., Ruth v. Imperial Ins. Co., 579 S.W.2d 523 (Tex. (providing a "court . endstream endobj startxref . The crop-dusting involved only one flight, but several passes during which herbicide was released, and during which wind direction and velocity varied. App.San Antonio 1998, pet. The Texas Civil Practice and Remedies Code Section 37.005. provides that: Co., 2000 Tex. See State Farm Mut. endobj County Mut. Section 6.204 of the Texas Family Code still states that same-sex marriages are void, but that law is no longer enforceable. A person claiming to be the surviving spouse should file a claim for declaratory judgment to determine if there was a legal common law marriage. The District Court of Delaware dismissed a generic drug company's declaratory judgment counterclaims of non-infringement and invalidity, finding that the court no longer had subject. Co. v. Deering Mgmt. LEXIS 7088 (Tex. A justiciable controversy requires a real and substantial controversy over tangibles interests, and not merely a theoretical dispute. 3. Declaratory relief is an especially appropriate method for resolving coverage disputes, because of the limited options available for resolution of such disputes. 1271 (N.D. Tex. The Federal act is broader in scope. 1993) (Colorado River factors inapplicable in declaratory judgment action); Granite State Ins. See TEX. (a) A person interested under a deed, will, written contract, or other writings constituting a contract or whose rights, status, or other legal relations are affected by a statute, municipal ordinance, contract, or franchise may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract, or franchise and obtain a declaration of rights, status, or other legal relations thereunder. Ins. 1271 (N.D. Tex. Sept. 1, 1985. Genl Ins. dismd, 507 U.S. 1026 (1993). 1978). Eskew, 731 S.W.2d 124, 132 (Tex.App.-Austin 1987, writ ref'd n.r.e.) Co. v. Sweatt, 978 S.W.2d 267 (Tex. Under state or federal law, declaratory relief is only appropriate when there is an actual case or controversy. See the resource below for more details. See Brillhart v. Excess Ins. App.Houston [1st Dist.] v. Texas Air Control Bd., 852 S.W.2d 440, 446 (Tex. 1998) (holding that Texas Declaratory Judgment Act was not controlling, substantive law, and did not justify fee award to defendants). The Motion: a) May be filed by a defending party any . Rule 56(a). App.Dallas 2001, pet. 140 0 obj <> endobj 37.008. Co. v. Quinn-L Capital Corp., 3 F.3d 877 (5th Cir. Please avail yourself of these resources before seeking a consultation. PRAC. [iii] Ibid Uniform Declaratory Judgments Act, [iv]Ibid Uniform Declaratory Judgments Act, [v] Ibid Uniform Declaratory Judgments Act, [vi] Ibid Uniform Declaratory Judgments Act. 1983). [i] UNIFORM DECLARATORY JUDGMENTS ACT paper by NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS at the conference in San Francisco on August 2-8, 1922. 1, eff. Advisory opinions are prohibited by both the state and federal constitutions. Federal Jurisdiction Issues A. Diversity Jurisdiction 1. DECLARATIONS RELATING TO TRUST OR ESTATE. v. Mitchell, 138 F.3d 208, 210 (5th Cir. 1965, writ refd n.r.e.) 37.002 (b) (Vernon 2008); see Bonham State Bank, 907 S.W.2d at 467; Indian Beach Property Owners' Ass'n v. Rule 57. Austin, TX 78746 In this chapter, "person" means an individual, partnership, joint-stock company, unincorporated association or society, or municipal or other corporation of any character. On the other hand, the existence of another remedy, or unresolved issues, does not preclude declaratory relief. 1993). Tex. of Trans., 999 S.W.2d 881, 883 (Tex. Any such declaration shall have the force and effect of a final judgment or decree and shall be reviewable as such. (because claimant could not bring suit, she had no right to intervene); see, e.g., Graciela v. Tagle, 946 S.W.2d 504 (Tex. 37.002 provides that the chapter is remedial: Its purpose is to settle and to afford relief from uncertainty and in security with respect to rights, status, and other legal relations; and it is to be legally construed and administered. The Act does not create or enlarge jurisdiction. A declaratory judgment is one that simply declares the rights, status, or other legal relations of the parties without ordering anything to be done. RestoringFreedom2016.com Kash Jackson campaign for defunding Title IV-D, and restoring constitutional parental and child rights. Coverage disputes under liability policies are well-suited for declaratory actions. Still, there are often strategic benefits to filing early. Sec. The woman appealed, arguing the evidence was factually insufficient to support the finding there was no mutual intent to be married. While for years there was a question in the Federal courts as to whether 38.001, Tex. A court may not, however, refuse to exercise jurisdiction on the basis of a whim or personal disinclination. See, e.g., St. Paul Ins. Civ. The underlying liability suit arose from an accident in which one defendant, while intoxicated, hit the plaintiffs vehicle, killing their daughter. Tex. Under Texas substantive law, attorneys fees may be available to the insured if the insurer has breached its duty to defend or indemnify. 1998). (b) This chapter is remedial; its purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations; and it is to be liberally construed and administered. Local venue flavor/influences II. Co. v. Childress, 650 S.W.2d 770, 775-76 (Tex. App.Austin 1998, no pet. <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 12 0 R/Group<>/Tabs/S/StructParents 1>> Acts 1985, 69th Leg., ch. Co. v. Cooper Mach. %PDF-1.5 Thompson Coe on Best Lawyers Best Law Firms List for 12th Consecutive Year, Four Years Later: The Impact of Texas Insurance Code Section 542A.006 on Insurance Litigation, Texas Supreme Court Reverses Appeals Court Judgment, Affirms Trial Win for Thompson Coe Client, Developing Texas Insurance Law in the Appellate Courts, Update & Recap: Winter Storm Uri and Impact on Gulf Coast Coverage Cases, The Good, The Bad, The Ugly: Texas Appraisals, NEW June PC Webinar: Insurance Retrospective, Texas Supreme Court Issues Significant Decision on Exception to Eight Corners Rule, 2801 Via Fortuna A fee award is not mandatoryunder the UDJA . (not justiciable controversy); Foust v. Ranger Ins. 1991), affd in part, 961 F.2d 213 (5th Cir. App.Houston 1965, writ refd n.r.e.) Id . Texas Family Code Section 2.401 states the proof necessary to establish an informal marriage in Texas: . All rights reserved, Declaratory Relief Declaratory Judgment and Rights. River Entertainment was joined because it owned Pepes where the defendant imbibed. Under most liability policies, the claimants are not third-party beneficiaries and have no direct rights, and no cause of action, against the insurer until there has been a settlement, to which the insurer agrees, or a judgment against the insured. 1969); Getty Oil v. Ins. *I`Sl,'dpC2\,AMia*K/[ -M @ICPgIw5 Y k]x?4 :D R*NuNK^CXdmS0I,-B Prac. However, each party must still plead for relief and carry its own burden of proof. While the law is less clear, Federal courts, applying Texas law, have reached a similar conclusion. In this chapter, "person" means an individual, partnership, joint-stock company, unincorporated association or society, or municipal or other corporation of any character. Jan. 25, 2019) is a mandamus case involving an insurer's motion to dismiss a declaratory judgment action by a law firm seeking a declaration of non-liability for malpractice in representing the insurer and advising it did not owe a defense in an underlying suit. An action or proceeding is not open to objection on the ground that a declaratory judgment or decree is prayed for. to prevent: 1. litigation, 2. loss, 3. debt, 4. damage (injury), and 5. penalties! Rule 57 also notes that the existence of another adequate remedy does not preclude a judgment for declaratory relief in cases where it is appropriate. In addition, Rule 57 provides that the court may order a speedy hearing as an action for a declaratory judgment and may advance it on the calendar.. (prior judgment not res judicata as to amended pleading that alleged new facts, not involving completed operations); St. Paul Ins. 1995). Similarly, courts have held that an insurance company has no right to intervene in the liability action against the insured to seek a coverage determination. Sec.A37.003.AAPOWER OF COURTS TO RENDER JUDGMENT; FORM AND EFFECT. Copyright 2013 - 2023. The Fifth Circuit reviewed abstention under the Burford and Colorado River doctrines, and concluded that neither was applicable. Google it and find out how your State has interpreted this remedy. App.Austin 1999, no pet.) See, e.g., Dairyland County Mut. Co. v. Blevins, 741 S.W.2d 604, 606 (Tex. Co. v. Ochoa, 19 S.W.3d 452 (Tex. Further necessary or proper relief based on a declaratory judgment or decree may be granted, after reasonable notice and hearing, against any adverse party whose rights have been determined by such judgment. Rule 57, FED. LEXIS 8494 (Tex. Corp. v. Vacuum Tanks, Inc., 975 F.2d 1130, 1133 (5th Cir. Co. v. Carmichael, 1998 Tex. All orders, judgments, and decrees under this chapter may be reviewed as other orders, judgments, and decrees. A federal anti-injunction also exists. [ii]Civil Practice and Remedies Code Declaratory Judgments Sec 37.002 and Sec 37.003 (c) (c) The enumerations in Sections 37.004 and 37.005 do not limit or restrict the exercise of the general powers conferred in this section in any proceeding in which declaratory relief is sought and a judgment or decree will terminate the controversy or remove an uncertainty. Texas Dept of Public Safety v. Moore, 985 S.W.2d 149, 153-54 (Tex. CODE ANN. (c) This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states that enact it and to harmonize, as far as possible, with federal laws and regulations on the subject of declaratory judgments and decrees. 1992); cf. 959, Sec. d) The court may also grant summary judgment against the moving party, if appropriate. Federal courts have broad discretion as to whether to retain jurisdiction or dismiss declaratory judgment actions. Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. 214-871-8200, One Riverway As au- App.Dallas 1998, pet. You may not reproduce or sell this material or copy it into other training without express permission from Ron or Sherry Palmer in writing. denied); Ranger Ins. Yes*! Instead, a party may recover fees only where controlling substantive law permits recovery. Dept. . 8 0 obj Texas, Inc., 64 S.W.3d 497 (Tex. Rule 57, FED. 39 F.3d at 591. ydXOEp Pzz2 -Ia5D(eUE02Xd#zG5 ;}srmVY9c~Vqz6#tUy/`ck$cVpxKCoo,}o{T#@TQ]%5|@Rtx~K9jptm> oL The declaratory judgment action allows relief, even where another remedy exists. 1968) (J. Smith, dissenting). <> Courts recognize that when there are conflicting positions on coverage, as when the insurer reserves rights, there is no privity between the insured and the insurer on issues relating to coverage, which are also at issue in the underlying case. See State Farm Fire & Cas. Co. v. (driver excluded); see also Tri-Coastal Contrs, Inc. v. Hartford Undwrs Ins. The insured was located in Hidalgo County, the car was purchased in Hidalgo County, and the salesman contacted the agent by phone, from Hidalgo County, to add the car to the policy. A binding adjudication of the rights and status of litigants even though no consequential relief is awarded. Marriages between two people of the same sex are valid in Texas. The right to award costs and fees is discretionary, not mandatory. If done right, it can save parties to a probate dispute time and money, and avoid the uncertainty of litigation. Defense counsel may, nonetheless, have protected certain information from disclosure, for fear that it was effect coverage, and violate counsels own ethical obligations. 1968); National Sav. 2201, and further provides for a jury trial. 10, eff. COSTS. An action or proceeding is not open to objection on the ground that a declaratory judgment or decree is prayed for. Texas Uniform Declaratory Judgments Act, You can get sample motions here: Declaratory Relief Declaratory Judgment and Rights. 45 (N.D. Tex. Rule 56(c). App.Fort Worth 1973, writ refd n.r.e.). App.Texarkana 1994, no writ) (possibility that liability triggering indemnity would be incurred was a feature hypothetical event, and court had no power to pass upon hypothetical or contingent situation); Fort Worth Lloyds v. Garza, 527 S.W.2d 195 (Tex. 3.08(a), eff. R. Civ. The purpose of a Declaratory Judgment is to protect you, your child, your relationship with your child, your property, and your money from your ex and the state: The purpose of the Act and its effect is to enable the citizen to procure from a court guidance which will keep him out of trouble and to procure that guidance with materially less expense than he would have to incur if he should wait until the trouble came before having recourse to the court.[iv], It concerns itself not only with contracts, but withrespect to titles to property, and particularly with the status of family relations, man and wife, parent and child, guardian and ward, and also with provisions of trust.[v], This act is declared to be remedial; its purpose it to settle and to afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations; and is to be liberally construed and administered.[vi], Sec. Added by Acts 2007, 80th Leg., R.S., Ch. There are exceptions, however, (1) when conduct estops a party from asserting prior active jurisdiction; (2) where parties are lacking; or (3) where there is lack of intent to prosecute. Youell & Cos v. Getty Oil Co., 510 U.S. 820 (1993); Service Mutual Ins. App.Dallas 1998, no pet.). . denied) (failure to satisfy burden is not finding of proof of opposite). 37.011. for Declaratory Judgment at 3. Contact Us if you have questions.). Arbitration is not used very often in Texas family law cases. (a) A court of record within its jurisdiction has power to declare rights, status, and other legal relations whether or not further relief is or could be claimed. App.Dallas 2001, no pet.) In cases involving duty to indemnify, there may be issues as to whether the indemnity facts were fully litigated in an actual trial, or whether the facts can be re-litigated, construing Gandy and Maldonado. declaratory judgment action or dismiss the case. 1998). Many of our sample motions are here in electronic form. June 15, 2007. See McCarthy Bros. Co. v. Continental Lloyds, 7 S.W.3d 725 (Tex. 1994). 2003) (finding Texas allows only narrow exception); but see Gonzales v. American States Ins. Co. v. Truckin USA, 122 F.3d 270, 272-73 (5th Cir. Even before the Texas Supreme Courts opinion in Griffin, federal courts recognized that indemnity presented an actual controversy and was justiciable, prior to judgment in the underlying liability suit. A future interest in a potential judgment has been held insufficient to allow intervention. (on petition for mandamus, found claimant was not third party beneficiary and had no right to intervene in declaratory action). App.Beaumont 1972), affd other grounds, 496 S.W.2d 552 (Tex. 91a.1 Motion and Grounds. (no right to new trial because of amended petition where suit brought and determined based on prior petition). There is nothing that we find in the Declaratory Judgment Act that precludes you from filing this and asking your court to make this determination while you are in litigation. Flexibility of Court in Awarding Fees. 512-708-8200, 700 North Pearl Street APP. Co. v. Hood, 895 F.Supp. The insurer refused to pay the judgment, on the basis that the insureds conduct constituted a willful violation of a penal statute, and was thus excluded by the policy. 1979, no writ) (not justiciable controversy); Boorhem-Fields, Inc. v. Burlington Northern Railroad Co., 884 S.W.2d 530 (Tex. Nor can an insurer join the claimants and address the issues through interpleader. He then filed a lawsuit seeking a declaratory judgment that Allstate owed him the difference between the settlement . The district court dismissed the declaratory action on the defendants motion based on 28 U.S.C. McKee Foods Kingman v. Kellogg Co., 474 F. Supp . App.Austin 1999, pet. Co., 981 S.W.2d 861 (Tex. See Owens v. Allstate Ins. Code37.009 provides that in any proceeding under this Chapter, the court may award costs and reasonable and necessary attorneys fees as they are equitable and just.. See, e.g., Western Heritage Ins. Declaratory judgment actions have been a recognized civil vehicle for more than one hundred years. Suite 1850 E.g., Cluett v. Medical Protective Co., 829 S.W.2d 822, 826 (Tex. The declaratory judgment is to also help you prevent additional costly litigation as stated above. endobj Courts have struggled with the issue of what can be resolved in the declaratory judgment action, when the issue determining coverage may also be material in the underlying case. Section 37.003 says that courts of record have within their jurisdiction the "power to declare rights, status and other legal relations whether or not. See, e.g., Boring & Tunneling Co. v. Salazar, 782 S.W.2d 284, 289-90 (Tex. 37.003. (B) A contract may be construed either before or after there has been a breach. A developing issue has been the extent to which declaratory relief is available to determine an insurers indemnity obligations, while the underlying suit is pending. Ins. We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. Prac. In Chiriboga v. State Farm Mut. (a) This chapter may be cited as the Uniform Declaratory Judgments Act. Co. of Texas, 1998 Tex. App.Houston [1st Dist.] Declaratory Judgment These rules govern the procedure for obtaining a declaratory judgment under 28 U.S.C. At issue was a declaratory judgment action over whether medical expenses were owed to an insured worker, under The Workers Compensation Act, where the expenses were incurred after settlement of the employees negligence suit against a third party. Sec. App.Amarillo 1997, no pet.). (a) In a case of actual controversy within its jurisdiction, except with respect to Federal taxes . endobj FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. & Rem. 1992); LaFarge Corp. v. Hartford Cas. DECLARATORY JUDGMENTS 37.001. 1994), the court reviewed abstention doctrine in relation to declaratory judgment actions. at 313. App.Texarkana 2003, pet. Group, Inc., 946 F.Supp. Tex. See Bailey, 133 F.3d at 369 n.4; Travelers Ins. COURT REFUSAL TO RENDER. Issues also arise, when the underlying case is still proceeding, as to the extent to which the insurer can discover information which could also be relevant, and potentially damaging, in the underlying liability suit. 37.004. Ins. Co. v. Boll, 392 S.W.2d 158, 161 (Tex. 1997); Heyden Newport Chemical Corp. v. So. 1998, pet. Concho counterclaimed for breach of contract and a declaratory judgment premised on the signed 2008 letter. App.Fort Worth 1986, writ refd n.r.e.). 855, Sec. & Ind. Twenty-Fifth Floor - Plaza of the Americas Unfortunately, while 38.001, et seq., may allow recovery of attorneys fees by the insured, in a proper case, it provides no basis for recovery of fees by an insurer. Respondent contends the Supreme Court's holding in Obergefell v. Hodges, 576 U.S. 644 (2015), the "state courts are split as to whether the ruling (in Obergefell) applies retroactively to any marriage." Respondent's Mtn. An advantage to arbitration may be the possibility of a quicker trial date, quicker final resolution, and privacy, but arbitration rulings are usually consid-ered final and cannot be appealed. Co., 418 S.W.2d 712, 715-16 (Tex. endobj 1 Justice Smith was perhaps prescient in his dissent, concluding that a justiciable controversy existed. Declaratory Judgments Act) Texas CPRC Plus REF KFT 1728.A196 A2 CPRC Ch. If a proceeding under this chapter involves the determination of an issue of fact, the issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending. ); but cf. Co. v. Gandy, 925 S.W.2d 696 (Tex. See Southern County Mut. First, is the constitutional inquiry - the case must be a 'case or controversy' pursuant to. Wade, 827 S.W.2d at 451. 713-403-8210, 601 Poydras The El Paso Court of Appeals recently considered Eggemeyer v. Hughes, a case involving a disputed boundary line. Foust v. Ranger Ins. You can share these posts as long as you are linking to our posts. You may use the information for your individual case only. Sept. 1, 1985. Co. v. Marathon Ashland Petrol., L.L.C., 87 F. Supp. 1996); Williamson v. State Farm Lloyds, 76 S.W.3d 64 (Tex. 2201, and further provides for a jury trial. Acts 2007, 80th Leg., R.S., Ch. This information is not a substitute for an attorney. POWER OF COURTS TO RENDER JUDGMENT; FORM AND EFFECT. Fam. Other Resources you might find helpful to help you get through the stress and emotional turmoil involved during the time that you have uncertainty and fear of losing your child and control over your life and your money: **It is your responsibility to prove that the PALMERS qualify as an expert in your state and can testify. Ins. Go to this page for more information on this path: Federal Court Declaratory Relief Declaratory Judgment sample motions. As a constitutional family rights expert researcher and writer, Sherry helps parents and their attorneys see the possibilities in making constitutional arguments for parental rights as being in the childs best interests. See, e.g., Standard Fire Ins. Texas follows the American Rule ATTORNEY'S FEES IN DECLARATORY JUDGMENTS. In St. Paul Ins. As with the state act, one of the exceptions allows a federal court to enjoin re-litigation in state court to protect or effectuate its judgments. See Royal Ins. oEN>-BZ=/c]-ZP4U3o>0!f$F = FQfB@DlClYthnA mML.;Emu =uT 2d 601, 621-22 (E.D. Civ. One of the factors the courts will review is whether the declaratory action is filed in anticipation of a state court suit. Because there was no judgment in the liability suit, the court concluded that any declaration regarding indemnity would be purely hypothetical.1 In 1997, the Supreme Court concluded that the law had changed, however, and determined that a declaration of indemnity was available, when the same facts that defeated a duty to defend also defeated a duty to indemnify. If the application is deemed sufficient, the court shall, on reasonable notice, require any adverse party whose rights have been adjudicated by the declaratory judgment or decree to show cause why further relief should not be granted forthwith. Cty. Sherrys teachings are unique and cutting edge to the family law industry developed by her and her husband. (c) Notwithstanding Section 22.001, Property Code, a person described by Subsection (a) may obtain a determination under this chapter when the sole issue concerning title to real property is the determination of the proper boundary line between adjoining properties. Co v. As amended through January 27, 2023. SHORT TITLE, CONSTRUCTION, INTERPRETATION. A marriage might be void for other reasons, but not because the spouses are of the same sex. and that a prior judgment is void. 7531-7541. Id. No. Federal courts have typically held that declaratory relief is discretionary, and a federal court has broad authority to stay or dismiss an action seeking a declaratory judgment. 2002); Monticello Ins. <> <>>> Pursuant to this directive, OCA has prepared the following felony judgment forms and instructions for the forms:: Judgment of Acquittal by Court Judgment of Acquittal by Jury Judgment of Conviction by Court Judgment of Conviction by Jury Judgment of Conviction (Capital Murder-State seeks Death) App.Dallas 1992, writ denied); U.S. Fire Ins. Despite its title, this order would not be a final judgment because it does not dispose of all claims at issue in the lawsuit. 28 U.S.C. Ins. See, e.g., Stroop v. N. County Mut. Also, seeking title by declaratory judgment is improper. E.g., Wilton v. Seven Falls Co., 515 U.S. 277 (1995); American States Ins. A number of issues arise in regard to discovery in a declaratory judgment action. <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Clearly, the insurer should be entitled to discovery of anything that has been discovered in the underlying suit. If any facts within the scope of coverage are determined, however, an insurer is required to defend. Co. v. Louisiana Farm Bureau Fedn, Inc., 996 F.2d 774, 778 (5th Cir. We are not responsible for you using any of this information. (You hire experts to help you teach your court that there is parental alienation in your case. endstream While federal abstention doctrine is equally applicable to declaratory judgments action, courts are particularly vigilant in exercising their discretion to protect comity and prevent forum shopping. Olympic Financial Group, Inc., ("Olympic Financial") and Abdulaziz Sugule appealed a judgment dismissing their declaratory judgment action without prejudice after the district court granted the Department of Financial Institutions' ("Department") motion to dismiss. Co. v. Trejo, 39 F.3d 585 (5th Cir. denied) (refusing to allow use of extrinsic evidence to disprove alleged facts). P., specifically provides, with regard to joinder of third parties, that This rule shall not be applied, in tort cases, so as to permit the joinder of a liability or indemnity insurance company, unless such company is by statute or contract liable to the person injured or damaged. Most policies include a no action provision that provides that a third partys right of action against the insured does not arise until there is a settlement, to which the insurer has agreed, or a judgment against the insured. Instead, plaintiffs alleged River Entertainment was negligent for allowing the defendant to leave, in his own vehicle, when they should have known his driving ability was impaired. App.Fort Worth 1961, writ refd n.r.e.) denied sub nom. (a) A court of record within its jurisdiction has power to declare rights, status, and other legal relations whether or not further relief is or could be claimed. (a) A court of record within its jurisdiction has power to declare rights, status, and other legal relations whether or not further relief is or could be claimed. any court of the United States, upon the filing of an appropriate pleading, may declare the rights and other legal relations of any interested party seeking such declaration, whether or not further relief is or could be sought. A trial court has discretion to enter declaratory judgment if it will serve a useful purpose or will terminate the controversy between the parties. Id.

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