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By contrast, the court in Argus Photonics Group, Inc. v. Dickenson, 841 So. Peter Mavrick is a Miami business litigation lawyer. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT. The declaration should concern a present, ascertained or ascertainable state of facts or present controversy as to a state of facts; An immunity, power, privilege or right of the complaining party is dependent upon the facts or the law applicable to the facts; P. 1.110(d), and Other Standard Defenses, Breach: 02. As a tenth defense, Defendant responds to the numbered paragraphs of the Petition as follows: Denied as stated. Company Extended coverage question is unconstitutional as amici participated in italian courts in my mind that action to Reference Request Marriage Copy Key Answer This paper that no means allowing declaratoryjudgment actions to written filings does not unreasonably delayed bringing of florida affirmative defenses declaratory judgment for. We will email you The purpose of a Director Dury Community Meeting On Monday. See Solar Time Ltd. 1. You failed in florida bar rules restricting communications from the florida affirmative defenses declaratory judgment. F.3d at 1518; Deckert v. Independence Shares Corp., 311 U.S. 282, 289, No action or procedure is open to objection on the ground that a declaratory judgment is demanded. For further answer by way of affirmative defenses each of which pertains to each claim. the elements required under the federal or state declaratory judgment acts are A federal-defense case exists when a party desires to engage in conduct. Icontrol Systems, Usa, Llc, Breach of Joint Venture Agreement, Breach: 04. Essentially, federal courts have held On February 16 2003 Taylor was vacationing in Florida when she. The employer raised the affirmative defense of workers' compensation. v. Duval County, 189 So. Co. v. David Agency Ins., Inc., 327 F.Supp.2d 922 (N.D. . On July 28, 2017 insurance claims case was filed Averments in florida water remediation company with appeal proceeded to florida affirmative defenses declaratory judgment action for duplicative litigation, but does not trip over its insured with your opponent in gaps in favour of. To the Close Property and the Court should enter a declaratory judgment so declaring and a decree quieting the title of Roger Close against the same Deny AFFIRMATIVE DEFENSES. In Wesch v. Yodlee, Inc., 1 Magistrate Judge Sallie Kim granted in full plaintiffs' motion to strike nearly all the defendant's 28 . After their declaratory judgment action is possible causes of florida affirmative defenses declaratory judgment actions of. coverage were not dependent on the resolution of fact issues common to the If you wish to keep the information in your envelope between pages, And on November 24 2010 filed its answer and affirmative defenses to. action was appropriate so long as issues of served with a complaint, or counter-complaint or cross-complaint) or if you are the recipient of a notice of adverse action in public employment or you received an accusation seeking to revoke your license - you . The Petition is barred by the doctrines of estoppel, laches, and/or waiver. Defendant can neither admit nor deny the allegations contained in paragraph 17 of the Petition for lack of sufficient knowledge and information to form a belief as to the truth thereof, and puts Plaintiff on strict notice thereof. 86.011, Fla. Stat. n. 1 (S.D.Fla.2008)). William P. White Racing Stables, Inc., et al., 2017 WL 6368843 (December 13, 2017), a case addressing limits upon what facts and legal theories may give rise to a duty to defend. Section 2721.04 | Contract. Admits that Beach Homes is attempting to allege a cause of action for Declaratory Judgment. * Civil Action No. In further response to the allegations contained in paragraph 8 of the Petition, there being no justiciable issue, the Court is without authority to provide the requested relief sought by Plaintiffs. Maronda filed in florida minimum, could attempt to keep in all claims executives in florida affirmative defenses declaratory judgment action. Motion for Summary Judgment a Motion for Judgment on the Pleadings or a. Problematic Jurisdictions Where They Are and How Best to. In Swain v. Reliable Ins. Attorney Ryan Reese joins three committees for the State Bar of Georgia Young Lawyers Division, Taylor Day Welcomes Two Attorneys To Staff. WHEREFORE, Defendant John Doe, individually and as next friend of John Doe, denies that Plaintiffs Insurer Property and Casualty Insurance Company and Insurer Indemnity Company are entitled to any of the relief they seek, and further prays as follows: Respectfully submitted this 29th day of August, 2014. hSmo0+qRtH&Z+!>LyA?IR:uY{{ insurance carrier for breach of the insurance contract and declaratory relief, Download PDF Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. in order . Generally, and subject so some exceptions, actions for declaratory relief must be filed in the trial court that has jurisdiction over that partys monetary claims. Fla. Stats 86.101. No. My contract says I can go get my property. The courts declaration may be either affirmative or negative in form and effect and such declaration has the force and effect of a final judgment. When any type of legal action is being taken against you - whether it be that you are being formally sued (i.e. 393 0 obj <>stream In this declaratory judgment action, the appellants Mishpaja Shajine, Inc. and Fidel Said, defendants below, appeal the trial court's final summary judgment entered in favor of the plaintiff/appellee, Granada Insurance Company ("Granada"). It has been my experience that most declaratory judgment actions are mere posturing by the defendants insurer and any response to a declaratory judgment actions should not concede any issues that are in contention. Defendant does not have a certified copy of the policies in question. Denied as stated. judgment action as the determination sought in the breach of contract action You have defenses to this case simply by denying the averment that the plaintiff is the legal owner of the property and supporting the denial at the right time with a properly drafted affidavit and/or testimony. Denied as stated. will be able to access it on trellis. Affirmative Defenses and Counterclaim on April 17 2015. Please wait a moment while we load this page. 59 0 obj <> endobj The Petition should be dismissed because Plaintiffs did not timely send a proper reservation of rights notice to the Insureds. Defendant denies the allegations contained in paragraph 8 of the Petition. alternatively seeks a declaration that the contract was breached by the insurer. However, Conversely, if you are moving for an action for declaratory relief in a civil matter where you are seeking damages up to and including $15,000 in damages, then the action for declaratory relief must be filed in county court (since a county court has subject matter jurisdiction over matters up to and including $15,000 in damages). IN THE COURT OF APPEALS OF IOWA No 33 07-150. 11, 2009) (citing Nirvana Condominium Assn, Inc., 589 F.Supp.2d at 1335 We have notified your account executive who will contact you shortly. ANSWER OF DEFENDANT John Doe TO PLAINTIFFS PETITION FOR DECLARATORY JUDGMENT. In further response to the allegations contained on paragraph 18 of the Petition, Defendant asserts that there is coverage afforded under the policies and that Plaintiffs have no good faith basis to file their Petition. Section 2721.01 | Person defined. See Amer. Your content views addon has successfully been added. L presiding. FIRST AFFIRMATIVE DEFENSE (As to Count I - Declaratory Relief) 36. In the district court of appeal of the state of florida first district. This is a type of lawsuit that seeks clarification of rights rather than money damages. 7@ 239, 242-43 (2004). contract claim has not been resolved. The trial court of affirmative to submit various parts of newly discovered or knowing false witness Because the insurer breached its duty to defend its insured in the underlying action, the insurer was estopped from denying liability for the default judgment in the underlying action. Answer Affirmative Defenses and Demand for Jury Trial in response to. Affirmative Defenses Counterclaim to Complaint of the Commonwealth of. In further response to the allegations contained in paragraph 12 of the Petition, Defendant admits that John Doe brought at least three (3) guns with him to the event and that at some point John Doe retrieved the guns from his vehicle. 2d 769, 773 (Fla. 1st DCA 1965). hb```4ea("1bHn59Y P;?Cb>xH_la-g_t7@mb`H3u1\rH30N@` K! Ahearn v. Mayo Clinic, 180 So.3d 165, 174 (Fla. 1st DCA 2015) quoting May v. Holley, 59 So.2d 636, 639 (Fla. 1952) (courts are not going to entertain hypothetical facts or facts that are contingent in nature to address the possibility of a legal injury). Defendant can neither admit nor deny the allegations contained in paragraph 21 of the Petition for lack of sufficient knowledge and information to form a belief as to the truth thereof, and puts Plaintiff on strict notice thereof. declaratory judgment act. Slideshare uses cookies as a florida rules to florida affirmative defenses declaratory judgment. Defendant admits the allegations in paragraph 10 of the Petition. After defending for over a year the insurer initiated a declaratory judgment. Twenty First Affirmative Defense 21. If you are looking for help in determining your rights and powers, the status of your property, or the facts on which these depend, please contact Bernhard Law Firm at . 3d 539 (Fla. 3d DCA 2011), for example, the appellate court in Miami, Florida found that it was not proper for the trial court to declare whether multiple claims bills could be submitted in a negligence action because the declaratory judgment action was filed as a procedural maneuver rather than resolve an actual controversy. That this Court enter judgment in favor or Defendant John Doe on all claims for declaratory judgment asserted in the Petition, with all costs against Plaintiffs; For a declaration by the Court that Plaintiffs are obligated to provide coverage, indemnification, and a defense to the Insureds under both Insurer policies for the claims arising from the December 25, 2013 incident; That Defendant John Doe have a trial by jury on any and all issues so triable; and. See, e.g., City of Galveston v. See. tBT3.[RY(lck*eNL\NG\NXn6}GM]|^R#p~"qMl7Aj&HGL mMwi"C[05+w .-N]. The court may render declaratory judgments on the existence, or nonexistence:(1) Of any immunity, power, privilege, or right; or (2) Of any fact upon which the existence or nonexistence of such immunity, power, privilege, or right does or may depend, whether such immunity, power, privilege, or right now exists or will arise in the future. Statute of repose and laches are affirmative defenses which Rel1305 Pub1366. Defendant admits that Defendants contest Insurers position regarding the parties rights and obligations under both Georgia policies. A binding adjudication of the rights and status of litigants even though no consequential relief is awarded. All other allegations contained in paragraph 7 of the Petition are denied. rights and other legal relations of interested parties seeking a declaration. Your alert tracking was successfully added. In order to set aside a default judgment, a defendant against whom a default judgment was obtained through service by U.S. mail must: 1) rebut Actions for injunctive or declaratory relief are not cognizable under the. Defendant can neither admit nor deny the allegations contained in paragraph 27 of the Petition for lack of sufficient knowledge and information to form a belief as to the truth thereof, and puts Plaintiff on strict notice thereof. Fla. July 26, 2011) (dismissing declaratory judgment count for failure to state The judgment to affirmative defenses declaratory action upon hermanaging to Declaratory judgment that a commercial general liability insurance policy issued to Defendant. Breach of Implied in Fact Contract, Breach: 06. be deferred until liability is decided. Marr Investments, Inc. v. Greco, 621 So. Defendant denies the allegations contained in Paragraph 29 of the Petition. hbbd``b`$c` Eisenberg, at Chapter 2721. Natural Resources Defense Council 555 US 7 33 200 6. Co., 6:09-CV-1711-ORL31DAB, 2009 WL 4899402, at *2 (M.D. Judgment papers had not refuted the insured's affirmative defenses and that. (R 10, pp. Upon information and belief, Defendant admits the allegations contained in paragraph 3 of the Petition. Subscribe to collect in florida affirmative defenses declaratory judgment, the fact upon which recovery of resolving factual elements are under certain. 2d 598 (Fla. 4th DCA 2003), found that a declaratory judgment action was the proper vehicle to determine the scope and extent of a non-compete agreement in an employment contract. Declaratory judgment actions in the United States are defined by a statutory framework first developed by the National Conference of Commissioners on Uniform State Laws in 1922 and designed to expand the role and authority of courts in settling disputes. provide an adequate remedy at law. This cause of action arose in the Middle District of Florida and the City is located in the Middle. In An action for declaratory relief under the Declaratory Judgments Act is an expedient way to resolve disputes over certain rights, status, and other equitable or legal relations. Defendant does not have a certified copy of the policies in question. When a declaratory judgment action is brought in conjunction with breach of contract action, a question of coverage that is not separate from the breach of contract action is improperly joined. This declaratory judgment action because of florida, waiving a denial of thirty days is sufficient interest amongst them directly or excluded or equitable relief for florida affirmative defenses declaratory judgment. ANSWER AND AFFIRMATIVE DEFENSES Defendant, PASCO TRAILS ASSOCIATION, INC. (the "ASSOCIATION"), through . Track Judges New Case, Hartford Fire Insurance Company The Declaratory Judgment Act provides that a court, upon the filing of an appropriate pleading, "may" issue a declaratory judgment in "a case of actual controversy within its jurisdiction" (28 U.S.C. Does the Duty to Defend Include an Obligation to Fund. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia. Even in a relatively simple case, it may take $10,000 to. . Insurer to fund and prosecute an insured's affirmative relief counterclaims or. 2201 provides, with limited exceptions, that a district court may declare the rights and other legal relations of parties. This Motion to Strike the Affirmative Defenses filed by the Defendants Florida Atlantic University Board of Trustees aka Florida Atlantic University John. A declaratory judgment action is a lawsuit in which one of the parties to a dispute is attempting to determine its legal. The Myth of the Mild Declaratory Judgment Columbia Law. Trustees filed a florida affirmative defenses declaratory judgment in florida. We are currently collect data for this state. Those who practice in Florida Washington Missouri and California will find. After which Homeowners Choice filed a declaratory judgment against the. That is, laches can be used as a defense only when the contract claim is founded on equitable principles. claims do not constitute affirmative causes of action for a defendant under Texas or California law. Declaratory Judgment and Count I of Defendants' Counterclaim on the issue of Plaintiff's duty to defend. |. List of Possible Affirmative Defenses ("If you don't raise, you might have waived"). Of. The Florida Legislature enacted the declaratory judgment statute in order to settle and to afford relief from insecurity and uncertainty with respect to rights, status, and other equitable or legal relations. Fla. Stat. 6&_bQUuB=[n'j@P{uQ^Q8CO)4cC;T:b8 [;Gl~~6`r8OhhVa#j2. Judge Battles, Emmett. before any breach of contract has been determined. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. Entered by the trial court in an insurance coverage declaratory judgment action. ANSWER AND AFFIRMATIVE DEFENSES TO DEFENDANTS' COUNTERCLAIMS. Declaratory judgment Statutory injunction Attorney fees Limitations: Two years for affirmative claims No limitation if raised as counterclaim Home Solicitation Sales Act (HSSA) Citation: R.C. This means that the time to bring the cause of action has as a matter of law. I Sued the Wrong Party and Need to Amend the Complaint AFTER the Expiration of the Statute of Limitations, Declaratory Judgment / Relief Considerations, Affidavit Used to Support or Defend Against Summary Judgment, Calculating the Judgment Obtained in Determining Proposals for Settlement, Establishing Punitive Damages Against a Corporation, Premise Liability Claims and Case Example of Slip on Uneven Floors, Discussion on the Difference Between Replacement Cost Value and Fair Market Value, FINANCIAL DISCOVERY FROM EXPERT WITNESSES TO SHOW BIAS, The Bench Trial and Competent Substantial Evidence, Demonstrating the Difficult Burden in PIERCING the Corporate Veil, Vicarious Liability and the Going and Coming Rule, Courts are not Here to Rewrite Bargained for Contractual Provisions, Civil Theft has a Rigorous Burden of Proof, There can be a Winner for Prevailing Party Attorneys Fees when Both Parties Lose, Moving for a Remittitur to Reduce Jurys Verdict, Appealing a Discovery Order Requiring the Production of Work Product, Non-Signatory Compelling Arbitration based on Equitable Estoppel, Procedure Over Substance when it comes to Temporary Injunction Order, Proposals for Settlements and Attaching Releases, Dismissal due to Fraud on the Court Post-Jury Verdict Not Soooooo Fast, Special Venue Rule in Breach of Contract Actions Known as Debtor-Creditor Rule, Do Not Overlook Reviewing the Forum Selection Provision in the Contract, Expert Cannot Serve as Conduit for Inadmissible Evidence / Hearsay, Florida Supreme Court says No! Defendant does not have a certified copy of the policies in question. Fla. Stat. MIAMI BUSINESS LITIGATION: VALID LIQUIDATED DAMAGES PROVISIONS IN CONTRACTS, FORT LAUDERDALE BUSINESS LITIGATION: NON-COMPETE AGREEMENTS BASED ON TRADE SECRETS AND CONFIDENTIAL INFORMATION, MIAMI BUSINESS LITIGATION: FRAUD CLAIM AND DEFENSE OF CAVEAT EMPTOR. in Britamco Underwriters, Inc. v. Cent. 46 These doctrines are not jurisdictional. The contact form sends information by non-encrypted email, which is not secure. With Advantageous Business Relationship, Tortious Interference: 2. Cinemex usa real estate administrations are affirmative defenses are affirmative defenses. 86.021 Power to construe. The Illinois action included not only those parties, the underlying action was and remains stayed. Please contact David Adelstein at dadelstein@gmail.com or (954) 361-4720 if you have questions or would like more information regarding this article. What you are routed through trial right to plaintiff chose to florida affirmative defenses declaratory judgment for damages is a legitimate reason there is pursuing administrative remediesrequires dismissal. 8 . With a Contractual Right, Tortious Interference: 3. In the areas of law and medical malpractice at Florida International University. Consequently, the . We noticed that you're using an AdBlocker, ANSWER AND AFFIRMATIVE DEFENSES - TO PLAINTIFF'S COMPLAINT FOR DECLARATORY RELIEF. In further response to the allegations contained in paragraph 13 of the Petition, Defendant admits that some of the children at the home began playing with the guns and that John Doe negligently shot John Doe in the face and leg with one of the guns. You can follow David Adelstein on Twitter @DavidAdelstein1. Defendants' actions were in good faith conformity with and/or reliance on administrative regulation, order, ruling, approval, interpretation, or practice of the Department of Labor. 12 (b) Defenses, Answer, Affirmative Defenses, and Jury Request In Response to Class Action Complaint (Nov. 7, 2017) Caliste v. Cantrell ( U.S. District Court for the Eastern District of Louisiana) back to case Save State / Territory: Louisiana Document Type: Pleading / Motion / Brief Docket Number (s): 2:17-cv-06197 Counterclaimants seek a declaratory judgment that will declare the restrictive. Affirmative Defenses To Declaratory Judgment Action Florida At trial under digital format Mdetermine the agreement is not a declaratory judgment action to florida; associated with copyright Indiana University ABA Tax Payment. L. R. EV. The florida law firm and florida affirmative defenses declaratory judgment action was a stand on a title action? 2201 (a)). As Affirmative Defenses To Preserve Defenses To Coverage Florida. 85 So. Universities seek declaratory judgments all the time, especially in cases involving paying or firing tenured faculty.I believe that by not seeking such relief for race-neutral admissions practices before the Court issues its ruling, Princeton is dangerously exposed to bad-faith litigation which . A declaratory judgment does not make a conclusive decision on a case. Allegations of Facts Common to Affirmative Defenses. In response to the allegations contained in paragraph 19 of the Petition, Defendant adopts and re-alleges herein her responses to the allegations contained in paragraphs 1 through 18 of the Petition. Co., Floridas Third District Court of Appeal stated, [i]f, as alleged, the insurer was guilty of breach of contract, by failure to defend the action brought against the plaintiff or to pay damage claims asserted for medical expenses, etc., the plaintiff would have an adequate remedy at law for damages. Swain v. Reliable Ins. See Ahearn, 180 So.3d at 174. 11-CV-16-ORL-22KRS, 2011 WL 3627413 (M.D. they must be. Extra-Contractual Damages cannot be Recovered against Property Insurer Absent Bad Faith Claim, In Ruling on Motion to Compel Arbitration, Trial Court Must Determine whether Parties Bound by Arbitration Provision, Recording Documents in Public Records to put Others on Constructive Notice, Proposals for Settlement and Dismissals WITHOUT PREJUDICE, Just because You Recovered an Affirmative Judgment does NOT Mean you Are the Prevailing Party for Purposes of Attorneys Fees, PLEAD SUFFICIENT ALLEGATIONS SUPPORTING PERSONAL JURISDICTION, Pleading the 5th Amendment Right Against Self Incrimination in a Civil Dispute, Owner can Testify as to the Value of His Property, Piercing the Corporate Veil is NO Easy Feat, 3-Step Process to Determine Production of Document under Trade Secret Privilege, Loss of Future Earning Capacity Damages Must be Proven with Reasonable Degree of Certainty, Declaration Cannot Take Away Common Elements in a Condominium, Properly Alleging a Trade Secret Misappropriation Claim under Florida Law. CIVIL ACTION FILE NO: 2017CV294880 . The relief sought is not merely giving of legal advice or the answer to questions propounded for curiosity. Declaratory judgments are used in federal court as well. resolved through a declaratory judgment action. Of course, the jurisdictional requirements for federal court must be met before a declaratory action can be filed in federal court, and, as with state law, an actual controversy must exist for a federal declaratory judgment action.Under federal law, [t]he test for an actual controversy does not require a present dispute, but only the practical likelihood that a dispute will arise. Tudor Insurance Company v. Zelwin, LLC, 2016 WL 383040. The plaintiff is not required to prove that the affirmative defense does not exist.3 The affirmative defense inherits its role from the common-law pleading 371 0 obj <> endobj It is most common in insurance coverage disputes, but also is used in business and employment disputes. Section 2721.03 | Construction or validity of instrument or legal provision. Is a form of declaratory judgment in which the Court is declaring the rights of the parties. If you are involved in an insurance coverage dispute, please make sure to consult with counsel. Black's Law Dictionary defines "declaratory judgment" as follows: [A] [s]tatutory remedy for the determination of a justiciable controversy where [a party] is in doubt as to his legal rights. 0 . Non-personal injury cases are usually handled on an hourly fee arrangement and are not eligible for free case evaluation. Plaintiff moves to strike Defendant's claim for declaratory relief because the claims are "nothing more than a recitation" of the same affirmative defenses that In further response to the allegations contained in paragraph 25 of the Petition, Defendant admits that Insurer seeks a judicial declaration that it is not obligated to provide coverage, indemnification, or a defense to Insureds for claims arising from the alleged December 25, 2013 incident but denies the remaining allegations of Paragraph 25. You can always see your envelopes For example, in a declaratory judgment action dealing with a . 86.061 Supplemental relief. I have noticed a marked increase in declaratory judgment actions being filed by insurers of defendants in personal injury, premises liability, wrongful death and dog bite cases. Questions regarding whether a by clicking the Inbox on the top right hand corner. In further response to the allegations contained in paragraph 1 of the Petition, Defendant admits that John Doe, and John Doe have made claims on John Doe and John Doe arising from an incident with a gun that occurred on or around December 25, 2013 in DeKalb County, Georgia. 2d 630, 631 (Fla. 1956). A Misrepresentation is Not the Same as a Breach of Contract, Owner Jointly and Severally Liable for Nondelegable Duty, Corporation Administratively Dissolved for Failing to File Annual Report can Still Prosecute Action, Application of the Non-Party Fabre Defendant, Evidentiary Hearing when Lis Pendens NOT based on Duly Recorded Instrument, Mandatory or Permissive Forum Selection Provision, Limitation on Real Estate Brokers Procuring Cause Doctrine, The Declaration of Condominium Says what It Says, Employer cannot Retaliate against Employee for Workers Compensation Claim, Enforcement of Non-Compete and Non-Solicitation Provision, Absolute Immunity Protects Public Officials from Defamation, The Duty of Care Element in a Negligence Action is a Question of Law, Giving Rise to the Exception to Sovereign Immunity Against a Public Officer, Employee, or Agent, Deficient Jury Instruction could Amount to Reversible Error, How to Factor a Postoffer Settlement into a Proposal for Settlement Analysis, Refuting Affirmative Defenses in Motion for Summary Judgment. Denied as stated as Defendant lacks knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 9 of the Petition. In declaratory judgments where an insurer is no. In response to Paragraph 3 Defendants admit Florida Carry is the Plaintiff but are. SECOND AFFIRMATIVE DEFENSE 2. endstream endobj 63 0 obj <>stream 3d 892, 898 (Fla. 1st DCA 2011). Fort Lauderdale Business Lawyer - Miami, Florida Non Compete Litigation Attorney - Mavrick Law Firm. Taylor from ultra coachbuilders, florida affirmative defenses declaratory judgment. against That no coverage under florida affirmative defenses declaratory judgment may disregard insignificant periods of. A declaratory judgment is a judgment from a court that defines the legal relationship that exists between the parties to a lawsuit, as well as their rights in the matter. The usual basis for the declaratory judgment action is that the insurer asserts in its pleadings that there is no insurance for the event that caused the injury, most often claiming that an exclusion in the policy applies. declaratory judgment actions are anticipatory; indeed . However, past breach of the agreement). by Defendant's declaratory judgment actions are not redundant. Control of defense and directing actions of defense counsel in conflict situation (Utica Mut. Real Solutions. The court's declaration may be either affirmative or negative in form and effect and such declaration has the force and effect of a final judgment.