Therefore, appellees' arguments below as to the merits of Dent's inquiry were misplaced and the proper issue was his entitlement to a declaration of rights.
1st DCA 1959) (the fact that a declaration may or must be against the complainant does not destroy the right to apply for declaratory judgment). Metropolitan Dade County, 472 So.2d 865 (Fla.3d DCA 1985). The test of the sufficiency of a complaint in a declaratory judgment proceeding is not whether the complaint shows that the plaintiff will succeed in getting a declaration of rights in accordance with his theory and contention, but whether he is entitled to a declaration of rights at all.
ALFRED DUPONT DENT MARRIED WYCKOFF TRIAL
The trial court, without explanation, dismissed the petition with prejudice. The remaining trustees responded with a motion to dismiss the petition, alleging that the trial court had no jurisdiction under the declaratory judgment statutes to consider Dent's petition and, on the merits of the inquiry, that he alone could not seek deviation from the trust. When this proposal was defeated, Dent filed a petition for declaratory judgment seeking a declaration of his right, as a single trustee, to apply to the circuit court for the deviation he desired. duPont testamentary trust established in 1935, sought from the other trustees an increase in compensation set by the will at $5,000 per year.
We reverse.ĭent, one of six trustees of the Alfred I. (Ret.), Associate Judge.Īlfred duPont Dent appeals from an order dismissing his petition for declaratory judgment with prejudice.
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