8 0 obj A justiciable controversy may nonetheless exist where no other cause of action is available or has ripened. App.Fort Worth 2000, no pet.). insecurity with respect to rights, status, and other legal relations.". 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. Co., 143 F.3d 192 (5th Cir. endobj See Feria v. CU Lloyds of Texas, 2001 Tex. & Rem. 1993) (whether accident arose from liquor liability); Acceptance Ins. 959, Sec. There are a number of instances in which extrinsic evidence may be at issue: Extrinsic evidence may be used to show that the person sued does not qualify as an insured, or that the vehicle or equipment in issue is not insured. !`g)a00-k@@eU Code Ann. %PDF-1.6 % See, e.g., City of Galveston v. Giles, 902 S.W.2d 167 (Tex. Elements of Declaratory Judgment in Texas: Strategies & Ethics in DEC If your state does not have a declaratory judgment statute that provides you the ability to be heard on your constitutional rights consider filing in federal court for this relief. Co. v. Childress, 650 S.W.2d 770, 775-76 (Tex. App.Houston 1965, writ refd n.r.e.) Under state or federal law, declaratory relief is only appropriate when there is an actual case or controversy. Ins. The court in Griffin relied upon a change in the Texas Constitution, expanding the scope of district court jurisdiction and eliminating the minimum amount in controversy. 1989). The court may order a speedy hearing of a declaratory judgment action. 37.001. Last week, the Texas Supreme Court settled a long-running dispute and upheld an appeals court's ruling that claimants can use the Uniform Declaratory Judgments Act to establish a carrier's liability for uninsured/underinsured ("UM/UIM") motorist benefits under the claimant's policy and obtain attorney's fees as well. R. CIV. 140 0 obj <> endobj App. Read this complete Texas Estates Code - EST 257.101. 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. Determining Whether Your Texas Judgment Is Final and Appealable The court, in the coverage action, concluded that there was a conflict of interest and a lack of privity, and therefore the insurer was not collaterally estopped from re-litigating the existence of false imprisonment. A declaratory judgment is a legal determination by the court, which resolves legal uncertainties in a controversy. See United Services Life Ins. 6 0 obj 1992); cf. See Bailey, 133 F.3d at 369 n.4; Travelers Ins. [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.
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