Tuesday, September 29, 2009
UDJA claim: When is declaratory judgment appropriate?
CLAIM FOR DECLARATION(S) UNDER THE UNIFORM DECLARATORY JUDGMENTS ACT (UDJA) What is the Declaratory Judgment Act (DJA) and what purpose does it serve? The Texas Declaratory Judgment Act is a remedial statute the purpose of which is to afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations. See Tex. Civ. Prac. & Rem. Code Ann. § 37.002(b) (Vernon 2008); Bonham State Bank v. Beadle, 907 S.W.2d 465, 467 (Tex.1995); WesternGeco, L.L.C. v. Input/Output, Inc., 246 S.W.3d 776, 781 (Tex. App.-Houston [14th Dist.] 2008, no pet.). [Courts] must construe and administer this statute liberally. See Tex. Civ. Prac. & Rem. Code Ann. § 37.002(b); Bonham State Bank, 907 S.W.2d at 467. A court of record, acting within its jurisdiction, has power to declare rights, status, and other legal relations whether or not further relief is or could be claimed. WesternGeco, L.L.C., 246 S.W.3d at 781. Limitations on Availability of Declaratory Relief A declaratory judgment 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. Bonham State Bank, 907 S.W.2d at 467; WesternGeco, L.L.C., 246 S.W.3d at 781. For a justiciable controversy to exist, there must be a real and substantial controversy involving a genuine conflict of tangible interests and not merely a theoretical dispute. Bonham State Bank, 907 S.W.2d at 467; WesternGeco, L.L.C., 246 S.W.3d at 781. SOURCE: 14-08-00093-CV (9/29/09) (Fourteenth Court of Appeals in Houston)