S.L.V. v. Toth

• Citation: 268 So.3d 801
• Decision Date: 03 April 2019
• Docket Number: No. 4D18-1578,4D18-1578
• Parties: S.L.V., a minor, by Aniko Vigi, as natural guardian and next friend and third-party, and Aniko Vigi, individually, Appellants, v. Arpad TOTH, Appellee.
• Court: Court of Appeal of Florida (US)

268 So.3d 801

S.L.V., a minor, by Aniko Vigi, as natural guardian and next friend and third-party, and Aniko Vigi, individually, Appellants,

v.Arpad TOTH, Appellee.

No. 4D18-1578

District Court of Appeal of Florida, Fourth District.

[April 3, 2019]

Peter J. Snyder of Peter J. Snyder, P.A., Boca Raton, for appellants.

Arpad Toth, Boca Raton, pro se.

ON MOTION FOR REHEARING

Per Curiam.

We grant appellee's motion for rehearing, withdraw our previous opinion dated February 13, 2019, and substitute the following in its place.

Appellant, a minor, filed a complaint for declaratory relief through his "natural guardian and next friend," his mother. The complaint sought a declaration of the minor's rights with regard to a piece of real property alleged to have been sold by the appellee, the minor's father. The father unsuccessfully moved for summary judgment and the case proceeded to a bench trial. The record on appeal contains no transcript of the trial, nor have the parties agreed to a statement of the proceedings below.

After the trial, the lower court entered a final judgment dismissing the complaint for declaratory relief with prejudice. The final judgment contained no findings of fact, conclusions of law, or rationales for the trial court's ruling. The trial court subsequently denied the minor's motion for rehearing. This appeal followed.

This court generally reviews a trial court's dismissal of a complaint for declaratory judgment for abuse of discretion. N & D Holding, Inc. v. Town of Davie , 17 So.3d 819, 820 (Fla. 4th DCA 2009). However, to the extent a court's dismissal is based on a legal determination, this court may conduct de novo review. Goldman v. Lustig , 237 So.3d 381, 384 (Fla. 4th DCA 2018).

The lack of findings in this final judgment precludes meaningful appellate review, as review of a declaratory judgment generally requires adequate findings of fact and conclusions of law. See Exotic Motorcars & Jewelry, Inc. v. Essex Ins. Co. , 111 So.3d 208, 209 (Fla. 4th DCA 2013) ; Trump Endeavor 12, LLC v. Fla. Pritikin Ctr. LLC , 208 So.3d 311, 312 (Fla. 3d DCA 2016). This problem is amplified by the absence of any record of the trial court proceedings. Because it is entirely unclear on what basis the trial court dismissed the declaratory relief complaint, the final judgment is inadequate. See Exotic Motorcars & Jewelry , 111 So.3d at 209.

We have previously determined that in a declaratory judgment action, where a trial court considers whether dismissal is required, "the trial court must fully determine the rights of the respective parties, as reflected by the pleadings." Sears, Roebuck & Co. v. Forbes/Cohen Fla. Props., L.P. , 223 So.3d 292, 298 (Fla. 4th DCA 2017) (citation and quotation marks omitted). In this case, the trial court dismissed the action without "fully determining the rights of the respective parties, as reflected by the pleadings." Id.

"[C]onclusory final judgments on declaratory judgment claims, which are devoid of factual findings or conclusions of law, are inadequate." Id. ; see also Local 532 of the Am. Fed'n of State, Cty., & Mun. Emps., AFL-CIO v. City of Fort...