declaratory judgment texas family law

Co. v. Cooper Mach. 905 (a) (5), appeals are from judgments, not orders a common . dismd, 507 U.S. 1026 (1993). Co. v. Burch, 442 S.W.2d 331 (Tex. [Read opinion here.] ); Taylor v. State Farm Lloyds, 2003 Tex. See, e.g., State Farm Lloyds v. 37.001. at 452-53; but see Tri-Coastal Contrs Inc., 981 S.W.2d at 863 (questioning scope of exception). o FRCP Rule 57. Co. v. Ochoa, 19 S.W.3d 452 (Tex. Sec. R. CIV. Texas is not a direct action state, and a claimant typically has no claim against an insurer until a judgment is obtained. and that a prior judgment is void. 11 0 obj 1992); cf. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. Admiral Ins. App.Fort Worth 1973, writ refd n.r.e.). The issue becomes more murky when allegations triggering coverage are alleged, but are in conflict with the actual facts. A Declaratory Judgment allows you to establish with your court what your rights are before you take steps which might involve you in costly litigation. 2000). 214-871-8200, One Riverway Co. v. Bailey, 133 F.3d 363, 368 (5th Cir. The Act provides you with a mechanism to get a ruling from the court before you are dragged through costly litigation. CIV. (prior judgment not res judicata as to amended pleading that alleged new facts, not involving completed operations); St. Paul Ins. A fee award is not mandatoryunder the UDJA . Id. [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. Co. v. Tandy Corp., 986 F.2d 94, 96 (5th Cir. . Co. v. Burch, 442 S.W.2d 331, 337 (Tex. Foust v. Ranger Ins. 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. App.Houston [1st Dist.] After St. Paul filed its declaratory action in federal court, the claimant filed suit in state court in the same court in which the two prior suits had been filed. Dallas, TX 75201 SUPPLEMENTAL RELIEF. In older cases, courts allowed broad introduction of extrinsic evidence in a declaratory judgment context. Civ. Tex. 1968). Because the pleadings did not address a fact essential to determining coverage, the court allowed extrinsic evidence. % 97, 99 (E.D. 1364 (N.D. Tex. & Liab. 2001) (when lease obtained); Guaranty Natl Ins. 2.401 (a) (West 2006) Over the past few decades, Texas family lawyers have engaged in a legal fiction: Let's tie a bow around the package of a partition and exchange agreement by seeking to have the agreement made the subject of a declaratory judgment action. 1965). In a decree for divorce or annulment, the court shall order a division of the estate of the parties in a manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage. Co v. K-yXHMKS mmgOT}|aMz0. In any proceeding under this chapter, the court may award costs and reasonable and necessary attorney's fees as are equitable and just. App.Austin 1999, no pet.) & Rem. Ins. P., also addresses declaratory judgments, by reference to 28 U.S.C. Twenty-Fifth Floor - Plaza of the Americas. 2003) (finding Texas allows only narrow exception); but see Gonzales v. American States Ins. stream An insurer should not be held to have waived its right to litigate coverage by defending under reservation of rights, or by delay in filing a declaratory judgment action. Code Ann. 1 Partner, Scheef & Stone, LLP, Frisco, Texas. 37.006, TEX. Tex. See, e.g., Western Heritage Ins. 3 0 obj 37.002. 1996). The existence of another adequate remedy does not preclude a declaratory judgment that is otherwise appropriate. Chapter 5 2 III. Marriages between two people of the same sex are valid in Texas. 1998). See State Farm Fire & Cas. 959, Sec. Sec. denied) (failure to satisfy burden is not finding of proof of opposite). Individuals may seek a declaratory judgment after a legal controversy has arisen . 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. In this chapter, "person" means an individual, partnership, joint-stock company, unincorporated association or society, or municipal or other corporation of any character. September 1, 2007. 1997), the Supreme Court reaffirmed the complaint allegation rule, with dicta suggesting that the exception for extrinsic evidence would be narrowed. P., also addresses declaratory judgments, by reference to 28 U.S.C. See, e.g., Ohio Cas. [i]Since the state requires that you file some sort of lawsuit to protect your rights and time to your child and your property, and most state statutes authorize the use of state power to affect these rights, you should consider using declaratory judgment to establish what process and procedure your court will use to protect you and your child from the harm of a court completely ignoring process and procedure required for fundamental rights. Contact Us if you have questions.). Acts 2007, 80th Leg., R.S., Ch. The complaint allegation rule can pose a problem with declaratory relief. Until a writ of possession is issued, the tenant can remain in their home. See Bituminous Cas. Dept. 1992), cert. Yes*! The U.S. Supreme Court's 2015 ruling in Obergefell v. Am., 845 S.W.2d 794, 801 (Tex. In Wade, the insurer argued that it was not challenging the veracity of the facts alleged, but had a defense independent of the pleadings. App.San Antonio 1998, pet. See, e.g., Standard Fire Ins. The right to award costs and fees is discretionary, not mandatory. At issue was a 100-year old agreement regarding the proper boundary line that referred to certain mesquite trees and rock piles, a fence line drawn on a decades-old survey, and the ownership of 90 acres of land. endobj 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. Texas Dept of Public Safety v. Moore, 985 S.W.2d 149, 153-54 (Tex. The court remanded for consideration of these factors. App.Houston [1st Dist.] Prior to the Grapevine Excavation case, the Fifth Circuit had construed 38.006 to exempt insurers from paying attorneys fees in breach of contract actions. [ii], You have the right to ask your state court for relief if you have a statute that says you do, like Texas statute says, 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[viii](Most states have an act like this. In state court, an order to seal discovery requires that the parties jump through a number of additional hoops, but protective orders are still available. App.Dallas 2001, pet. 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." App.El Paso 2000, no pet. The Historic Hamm Building 1993), cert. dYU1oprU.:1FlU;{~_%uIMT6cHE 7o1E-j=E.s nR&%*%")QmLd~s`MF_]jd%DhjP1h 4 z#G?o 0Xj[f e /R&K(KX K$ TBu /5v+nA%. ); Rice v. Alamo Rent-A-Car, Inc., 987 S.W.2d 231 (Tex. 1996). Sec. Ohio Cas. P. 26; Tex. denied); cf. 1 0 obj 1, eff. Local venue flavor/influences II. Cf. A justiciable controversy requires a real and substantial controversy over tangibles interests, and not merely a theoretical dispute. See Owens v. Allstate Ins. & Rem. and Laju Patel Beaumont, Texas civil litigation lawyers represented Defendant accused of paying kickbacks. See Firemans Ins. 1979, no writ) (not justiciable controversy); Boorhem-Fields, Inc. v. Burlington Northern Railroad Co., 884 S.W.2d 530 (Tex. denied), the court held it was permissible, and not purely advisory, to determine the number of occurrences involved in the underlying litigation. 05-05-00061-CV, citing Bonham State Bank v. Beadle, 907 S.W.2d 465, 467 (Tex. Youell & Cos v. Getty Oil Co., 510 U.S. 820 (1993); Service Mutual 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) 1995) (whether trademark violation occurred during policy period). See the resource below for more details. Co. v. Louisiana Farm Bureau Federation, 996 F.2d 774, 778 (5th Cir. DEFINITION. 91a.1 Motion and Grounds. Still, there are often strategic benefits to filing early. (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. Co. v. Ochoa, 19 S.W.3d 452 (Tex. (a)For Claimant. As Texas law remains uncertain regarding reimbursement of defense costs, and as many insureds are not financially capable of repayment, the defense issue may be rendered moot either practically or legally by delay. 37.004. 10 0 obj Cigna Lloyds Ins. Auto Ins. The following are some specific ways that declaratory judgments can be used in family law. Co. v. Patriot Sec., Inc., 926 F.Supp. Under the Declaratory Judgment Act, district courts have discretion to determine whether to entertain an action. Co. v. Gandy, 925 S.W.2d 696 (Tex. See, e.g., Wilton v. Seven Falls Co., 515 U.S. 277, 286 (1995). The dispute was over an unscheduled vehicle. A declaratory judgment is one that simply declares the rights, status, or other legal relations of the parties without ordering anything to be done. Sec. Federal: Declaratory Judgment Act, 28 U.S.C. Texas Family Code Section 2.401 states the proof necessary to establish an informal marriage in Texas: . A Texas court may also enjoin the litigants from moving forward on the same issues in any other jurisdiction. In Natl Union Fire Ins. endobj 8. <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Rule 57, FED. 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. Where a judgment has been entered in the underlying case, and the insurer has refused indemnity, it may also be that declaratory relief is inappropriate, because a cause of action for breach of contract has ripened. 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. Wade, 827 S.W.2d at 451. The county where the contract was formed may also be a proper venue. 7/22/14 N/A Yes . Sec. See Farmers Tex. Co. v. Griffin, 955 S.W.2d 81, 82-84 (Tex. R. CIV. 8 0 obj App.Amarillo 1997, no pet.). 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. He then filed a lawsuit seeking a declaratory judgment that Allstate owed him the difference between the settlement . VERHOEV V.PROGRESSIVE COUNTY MUTUAL INS.CO., 300 S.W.3D 803 (TEX.APP.. - FT.WORTH 2009) Personal auto policy Glenn and Kim Verhoev both named insureds $250,000 limits (UM/UIM) Divorced prior to issuance of policy and accident Kim injured severely in a single vehicle roll over as a passenger in a vehicle driven and owned by Glenn Kim pursued both a liability claim against Glenn endobj at 68. 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. 1995). Obviously, the nature of the coverage issue to be determined will also determine the scope of discovery. App.Corpus Christi 2003, no writ). (although judgment reversed on coverage, no indication courts refusal to award fees to either party was abuse of discretion). 10, eff. at 313. 1. (whether policy was void or loss was covered presented justiciable controversy); American States Ins. Because the Declaratory Judgment Act expressly allows plaintiffs who win declaratory relief to seek injunctive relief either simultaneously or subsequently, any losing defendant will know that the potential for sanctions is only one step away. 3. (on petition for mandamus, found claimant was not third party beneficiary and had no right to intervene in declaratory action). & REM. The Texas Supreme Court concluded that 38.006 allowed recovery of attorneys fees for breach of contract unless attorneys fees are otherwise available. POWER OF COURTS TO RENDER JUDGMENT; FORM AND EFFECT. B. Respondent misstates the current law in Texas. "CI@ { cvO(|t4X & Recent cases discussing the enforceability of policy buy-backs suggest there may be other exceptions in which a statutory insurance requirement renders a claimant an intended beneficiary. See, e.g., Dairyland County Mut. Court refused this collateral attack on prior judgment by declaration. As au- (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. Co., 143 F.3d 192 (5th Cir. Co., 975 S.W.2d 329, 332 (Tex. Ins. Co. v. Boll, 392 S.W.2d 158, 161 (Tex. 37 Declaratory Judgments Texas Family Law Manual KFT 1294.T4S7 Ch. Co. v. Hood, 895 F.Supp. denied); see also State Farm Fire & Cas. 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. See McCarthy Bros. Co. v. Continental Lloyds, 7 S.W.3d 725 (Tex. A motion for declaratory judgment is an appropriate vehicle for determining the validity of a prenuptial agreement. APP. 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. 1997); Trinity Universal Ins. 1968); National Sav. V 8). (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. 1271 (N.D. Tex. Co. v. Louisiana Farm Bureau Fedn, Inc., 996 F.2d 774, 778 (5th Cir. Tex. As amended through January 27, 2023. endobj declaratory judgment action or dismiss the case. Ins. Rule 57. You may use the information for your individual case only. 3.08(a), eff. Code 37.002 (b). 1996). ydXOEp Pzz2 -Ia5D(eUE02Xd#zG5 ;}srmVY9c~Vqz6#tUy/`ck$cVpxKCoo,}o{T#@TQ]%5|@Rtx~K9jptm> oL Genl Ins. 1993) (Colorado River factors inapplicable in declaratory judgment action); Granite State Ins. See Farmers Tex. All orders, judgments, and decrees under this chapter may be reviewed as other orders, judgments, and decrees. 1983). Co., 418 S.W.2d 712, 715-16 (Tex. Despite its title, this order would not be a final judgment because it does not dispose of all claims at issue in the lawsuit. If any facts within the scope of coverage are determined, however, an insurer is required to defend. Tex. 1994). A declaration does not prejudice the rights of a person not a party to the proceeding. ***It is your responsibility to make sure that this is appropriate for your individual case. Ins. Co. v. Block, 744 S.W.2d 940, 943 (Tex. Ins. App.Austin 1987, no writ); Safeway Mng. (no right to new trial because of amended petition where suit brought and determined based on prior petition). First, is the constitutional inquiry - the case must be a 'case or controversy' pursuant to. Co. v. Deering Mgmt. Federal Jurisdiction Issues A. Diversity Jurisdiction 1. See, e.g., Stroop v. N. County Mut. Co. v. Truckin USA, 122 F.3d 270, 272-73 (5th Cir. No. (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. Rule 57, FED. Sec. App.Texarkana 1967, no writ) (auto excluded); International Serv. Co. v. Murray, 437 S.W.2d 264, 265-66 (Tex. Rule 91a - Dismissal of Baseless Causes of Action. Added by Acts 2007, 80th Leg., R.S., Ch. App.Dallas 2001, pet. 1974, no writ). . 925 S.W.2d at 714. Definition of Declaratory Judgment Noun A legal determination, made by a court, resolving a legal uncertainty within a legal action by outlining the facts of the case before it. Co. v. Taylor, 706 S.W.2d 352 (Tex. Ins. endstream endobj startxref 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 . Insrs v. American Home Assur. All Rights Reserved. 1997); Heyden Newport Chemical Corp. v. So. App.San Antonio 1965), affd, 396 S.W.2d 855 (holding state court had no jurisdiction to render advisory opinion while prior suit was pending on appeal in Fifth Circuit, despite federal courts voluntary stay). Google it and find out how your State has interpreted this remedy. Co. v. Carmichael, 1998 Tex. CODE ANN. recoverable by the prevailing party under the Texas Declaratory Judgment Act, the federal act does not provide for fees to be awarded. Co. v. Watson, 876 S.W.2d 145, 149 (Tex. 37.002 (b) (Vernon 2008); see Bonham State Bank, 907 S.W.2d at 467; Indian Beach Property Owners' Ass'n v. County Mut. App.Fort Worth 1998, no pet.) San Antonio, TX 78216 (a) This chapter may be cited as the Uniform Declaratory Judgments Act. App.Houston [1st Dist.] App.San Antonio 1998, pet. A declaratory judgments purpose is to prevent costly litigation, remove uncertainty, terminate the controversy[ii], and to protect its citizens from injury, debt, damage and penalties;before any loss has been suffered or any offense committed.. 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. LEXIS 1736 (Tex. According to the Court of Appeals, a declaratory judgment under the UDJA is appropriate only if "a justiciable controversy exists as to the rights and status of the parties and the controversy will be resolved by the declaration sought," and the Act cannot be used to resolve a hypothetical or contingent situation. v. Mitchell, 138 F.3d 208, 210 (5th Cir. 959, Sec. Sec. Utica Lloyds of Tex. Civ. hb```c`` AX,$)00(IrZ Ny d3Vttt00 Co. v. Bailey, 133 F.3d 363, 368 (5th Cir. (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. Civ. (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 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 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 there under. Ins. See, e.g., Cook v. Ohio Cas. Id. (2) the decisions of other courts interpreting Section 8, Article I, United States Constitution. 2000) (staying declaratory action because of motion to join insurer in state court liability suit). denied); ANR Prod. 1, eff. <> 1993) (whether accident arose from liquor liability); Acceptance Ins. SHORT TITLE, CONSTRUCTION, INTERPRETATION. 651-389-5000, 10001 Reunion Place COSTS. 37.009. Many of our courses are available here. Cluett v. Medical Protective Co., 829 S.W.2d 822, 826 (Tex. Co. v. Tilley, 484 S.W.2d 802, 806 (Tex. 2201, and further provides for a jury trial. 45 (N.D. Tex. . Co. v. Bailey, 133 F.3d 363, 368 (5th Cir. 1445(c) and federal abstention principles. Group, 946 F.Supp. A federal anti-injunction also exists. Prac. (b) A district court has original jurisdiction of a proceeding seeking a declaratory judgment that involves: (1) a party seeking declaratory relief that is a business that is: (A) organized under the laws of this state or is otherwise owned by a resident of this state; or, (B) a retailer registered with the comptroller under Section 151.106, Tax Code; and, (A) is an official of another state; and. Texas Pattern Jury Charges, published by the State Bar of Texas, is a compilation of definitions, jury instructions, and supplemental material, intended to assist practitioners with developing jury charges. Co., 628 S.W.2d 184 (Tex. 1996). endobj (providing a "court . You may not reproduce or sell this material or copy it into other training without express permission from Ron or Sherry Palmer in writing. Sec. The existence of another adequate remedy does not preclude a declaratory judgment that is otherwise appropriate. See Bernard v. Gulf Ins. Group v. Lou-Con, Inc., 293 F.3d 908 (5th Cir. 189 0 obj <>stream A declaratory judgment is a legal determination by the court, which resolves legal uncertainties in a controversy. A plaintiff is the side that starts the lawsuit by filing a complaint or petition with the court.A plaintiff files the lawsuit to get the court to force the defendant to do something, such as pay money damages. The march towards a nation-wide fulfillment of the concept suf-fered a temporary setback in 1910 by the decision of the Supreme Court of the United States in Muskrat v. United States. Any such declaration shall have the force and effect of a final judgment or decree and shall be reviewable as such. The insurer denied defense based on the liquor liability exclusion and filed a declaratory judgment action. One reason proffered is the possibility of inconsistent outcomes. Co. of Texas, 1998 Tex. There are exceptions, of course. 1989). 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. Sec. final decision in the case instead of a judge. 959, Sec. 3. We do not guarantee or warrant any of this information. 1995). 1998). You want to get the most out of these motion arguments, so make sure you do step 1 and 2 as well. App.Corpus Christi 1982, no writ), the court declared that the rule was that use of extrinsic evidence was allowed to determine coverage, but not to determine facts that would establish the insurers liability. 1993). 1, eff. Co., 975 S.W.2d 329 (Tex. The petition in the underlying suit was amended, however, and all references to alcohol were deleted. 2010), Sec. See Brillhart v. Excess Ins. 1995). Declaratory judgment actions have been a recognized civil vehicle for more than one hundred years. Ins. 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. Flexibility of Court in Awarding Fees. See, e.g., State Farm Fire & Cas. Co., 579 S.W.2d 523 (Tex. Id. Co. v. Am. 2283. App.Corpus Christi 1992, writ denied) (whether boat was being used for business pursuit); International Serv. As long as both parties agree to the three elements listed in Section 2.401, they meet the requirements of a common law marriage. There are literally dozens of statutes in Texas law that provide for the recovery of attorney's fees, usually as part of a judgment. App.Dallas 2001, pet. Co. v. Gaskins, 572 S.W.2d 573, 575 (Tex. 1991), affd in part, 961 F.2d 213 (5th Cir. A binding adjudication of the rights and status of litigants even though no consequential relief is awarded. (whether driver qualified as an insured); John Deere Ins. C.M.W., 53 S.W.3d 877 (Tex. In duty to defend cases, the issue of whether extrinsic evidence is even relevant would likely arise. In American Genl Fire & Cas. Co. v. Taylor, 832 S.W.2d 645 (Tex. Sec.A37.003.AAPOWER OF COURTS TO RENDER JUDGMENT; FORM AND EFFECT. Prac. The Declaratory Judgment Act states "Courts of record, within their respective jurisdictions, shall have power to declare rights, status, and other legal relations." See 42 Pa. C.S.A. App.Corpus Christi 2000, no writ). The court noted that the Griffin exception did not apply, but that a justiciable controversy existed, as the judgment clarified the rights of the parties under the contract; especially because the policy includes a provision under which Ranger could be relieved of its duty to defend by tendering its limits. Start with the updated Protecting Family Rights course. Tex. We are posting this information just for educational purposes and not as a practice of law. Despite the insurers right to review any such documents without waiver of the privilege, and the likelihood that defense counsels concerns would be abrogated by the right to conduct discovery, there is still a question as to what extent defense counsels opinions or observations would be relevant to coverage. A declaration does not prejudice the rights of a person not a party to the proceeding. While the law is less clear, Federal courts, applying Texas law, have reached a similar conclusion. App.Fort Worth 1986, writ refd n.r.e.). See State Farm Mut. If the order resolves the entire action, then the answer is easy. 1998, pet. It has long been recognized that Texas law does not allow recovery of attorneys fees unless authorized by statute or contract. 1, eff. 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. Co. v. Vic Mfg. & Rem. (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. Co., 96 S.W.3d 673 (Tex. 1994), the court reviewed abstention doctrine in relation to declaratory judgment actions. Co. v. Marathon Ashland Petrol., L.L.C., 87 F. Supp. <>>> The underlying liability suit arose from an accident in which one defendant, while intoxicated, hit the plaintiffs vehicle, killing their daughter. 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. denied). If the discovery is limited, or poorly conducted, or does not address the coverage issues, however, the insurer may seek additional testimony and evidence. The policy provided limits of $100,000 per occurrence and $200,000 in the aggregate. See Employers Cas. [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. App.Dallas 1998, pet. 713-403-8210, 601 Poydras

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