App.Corpus Christi 1982, no writ) (could not consider facts of ownership that conflicted with petition); Calderon v. Mid-Century Indem. POWER OF COURTS TO RENDER JUDGMENT; FORM AND EFFECT. Under federal law, the Declaratory Judgment Act, itself, does not authorize attorneys fees. (not justiciable controversy); Foust v. Ranger Ins. If not you can still use them to teach your attorney how to argue the motions. 9 0 obj This week our nation's highest court will decide whether to review the 6th Circuit's conclusion that a declaratory judgment of liability starts the statute of . (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. He then filed a lawsuit seeking a declaratory judgment that Allstate owed him the difference between the settlement . 1998). V 8). Id . App.Austin 1999, no pet.) 37.010. REVIEW. App.El Paso 2000, no pet. Group, Inc., 946 F.Supp. See Granite State Ins. The declaratory action may also bring the coverage issues into focus for the plaintiff, and assist the insured in negotiating settlement. A Texas Court of Appeals Weighs In On The Defensive Use of The Uniform insecurity with respect to rights, status, and other legal relations.". 1989, no writ); In re Fontenot, 13 S.W.3d 111 (Tex. 955 S.W.2d at 84 (construing Tex. 37.007. (providing a "court . (no right to new trial because of amended petition where suit brought and determined based on prior petition). App.Dallas 1998, pet. 1995). 8. endobj Therefore, the claimants should not be necessary or indispensable parties, prior to the settlement or judgment. See, e.g., State Farm Lloyds v. Co. v. River Entertainment, 998 F.2d 311, 315 (5th Cir. Texas is not a direct action state, and a claimant typically has no claim against an insurer until a judgment is obtained. Wherefore, Plaintiff prays for judgment against the Defendants as follows: Respectfully submitted, KOONSFULLER, P.C. xX]oF}G?SeW0W44q>EqU{s@N|Bt2&iw'PmH'4QH1_>{'Y7bLH dB4uX;iYtI7F7*L^F Allstate Ins. App.Waco 1943, no writ); Superior Ins. App.Texarkana 2003, pet. 1, eff. C.M.W., 53 S.W.3d 877 (Tex. . Co. v. Deering Mgmt. In this instance, there may be legitimate concerns that the insurers discovery will inure to the benefit of the liability plaintiff, which is likely not in the interest of either the insured or the insurer. (although judgment reversed on coverage, no indication courts refusal to award fees to either party was abuse of discretion). 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. Co., 96 S.W.3d 673 (Tex. The purpose of a Declaratory Judgment is to protect you, your child, your relationship with your child, your property, and your money from your ex and the state: The purpose of the Act and its effect is to enable the citizen to procure from a court guidance which will keep him out of trouble and to procure that guidance with materially less expense than he would have to incur if he should wait until the trouble came before having recourse to the court.[iv], It concerns itself not only with contracts, but withrespect to titles to property, and particularly with the status of family relations, man and wife, parent and child, guardian and ward, and also with provisions of trust.[v], This act is declared to be remedial; its purpose it to settle and to afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations; and is to be liberally construed and administered.[vi], Sec. A declaratory judgment is one that simply declares the rights, status, or other legal relations of the parties without ordering anything to be done. 61 Miscellaneous Litigation , Form 61-15: Petition for Declaratory Judgment; Practice Notes 61.10 Declaratory Judgment Dorsaneo's Texas Litigation Guide KFT 1730.T4 Vol. Co. v. River Entertainment, 998 F.2d 311, 315 (5th Cir. Under Texas law, a duty to defend is determined by the complaint allegation rule. See Travelers Ins. 1995); but cf. at 368-69. (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. 959, Sec. App.Corpus Christi 1998), revd on other grounds, 995 S.W.2d 675 (Tex. endobj No. See Hartford Ins. (whether policy was void or loss was covered presented justiciable controversy); American States Ins. Citing the Travelers case, the court recited the relevant factors the court must consider in determining whether to dismiss a declaratory judgment action: 1) whether there is a pending state action in which all of the matters in controversy may be fully litigated; 2) whether the plaintiff filed suit in anticipation of a lawsuit filed by the defendant; 3) whether the plaintiff engaged in forum shopping in bringing the suit; 4) whether possible inequities in allowing the declaratory plaintiff to gain precedence in time or to change forums exist; 5) whether the federal court is a convenient forum for the parties and witnesses; 6) whether retaining the lawsuit in federal court would serve the purposes of judicial economy; and. In this chapter, "person" means an individual, partnership, joint-stock company, unincorporated association or society, or municipal or other corporation of any character. ***It is your responsibility to make sure that this is appropriate for your individual case. 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. The focus is on the factual allegations that show the origin of damages, rather than the legal theories alleged. Declaratory Judgment - Definition, Examples, Cases, Processes endobj v. Mitchell, 138 F.3d 208, 210 (5th Cir. The district court dismissed the declaratory action on the defendants motion based on 28 U.S.C. Where suits are filed in two states, one court may abstain in favor of the first-filed suit. This information is not a substitute for an attorney. Ins. Ohio Cas. denied, 511 U.S. 1032 (1994). Sept. 1, 1999. Co. v. Blevins, 741 S.W.2d 604, 606 (Tex. Foust v. Ranger Ins. We are not attorneys. endobj at 68. 1998, pet. See, e.g., Dairyland County Mut. Dept. Acts 1985, 69th Leg., ch. 1992); cf. CODE ANN. 1994), the court reviewed abstention doctrine in relation to declaratory judgment actions. 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. An action or proceeding is not open to objection on the ground that a declaratory judgment or decree is prayed for. The Texas Supreme Court concluded that 38.006 allowed recovery of attorneys fees for breach of contract unless attorneys fees are otherwise available. 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. See Bernard v. Gulf Ins. St. Mary's Law Journal - commons.stmarytx.edu New Orleans, LA 70130 Genl Ins. 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. R. CIV. These rules govern the procedure for obtaining a declaratory judgment under 18 U.S.C. Ins. A court may not, however, refuse to exercise jurisdiction on the basis of a whim or personal disinclination. See, e.g., St. Paul Ins. Volumes are organized by broad practice area and are generally sold individually, since few practitioners have need for all of them. You can share these posts as long as you are linking to our posts. 7 0 obj Id. dismd, 507 U.S. 1026 (1993). In Natl Union Fire Ins. 905 (a) (5), appeals are from judgments, not orders a common . Further, while it is unlikely that an insurer wishes to proceed, without protective order, to establish evidence that demonstrates the insureds liability as the insurer has not yet prevailed on its coverage defenses it is also unclear under what standard the insured should be able to protect otherwise discoverable information, simply because it is damaging. 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. 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. The court then noted the special concerns applicable in declaratory actions. 05-05-00061-CV, citing Bonham State Bank v. Beadle, 907 S.W.2d 465, 467 (Tex. (driver excluded); see also Tri-Coastal Contrs, Inc. v. Hartford Undwrs Ins. Recovering Attorney Fees in Declaratory Judgment Actions SUBJECT MATTER OF RELIEF. App.Dallas 2001, pet. DEFINITION. When you get the motions and read the second book, you will get the most out of this class. 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. Cf. Auto. Co. v. Trejo, 39 F.3d 585, 590 (5th Cir. St. Paul had also appealed the original award to state district court, and that suit had also been settled, with a provision for payment of future expenses. COPYRIGHT: All of the materials are copyrighted. PDF Proving Attorneys' Fees in Texas - Allensworth App.Corpus Christi 2002, pet. Co. v. Burch, 442 S.W.2d 331 (Tex. The controversy is ripe, because the insurer is called upon to defend, and because the existence of coverage may impact the outcome of the suit. 1997), the Supreme Court reaffirmed the complaint allegation rule, with dicta suggesting that the exception for extrinsic evidence would be narrowed. 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. Co. v. Taylor, 832 S.W.2d 645 (Tex. Co. v. Gandy, 925 S.W.2d 696 (Tex. The collision was also in Hidalgo County, as was the liability suit. 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. )1^Hl]TgxY8Ubs,! 9@Dyp*l8sA!N\X to prevent: 1. litigation, 2. loss, 3. debt, 4. damage (injury), and 5. penalties! As a preliminary consideration, counsel for the insurer should be careful and selective in what is requested. Co. v. Childress, 650 S.W.2d 770, 775-76 (Tex. See Southern County Mut. 7) whether the federal court is being called on to construe a state judicial decree involving the same parties and entered by the court before whom the parallel state suit between the same parties is pending. 1998) (holding that Texas Declaratory Judgment Act was not controlling, substantive law, and did not justify fee award to defendants). Co., 975 S.W.2d 329 (Tex. 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. App.Corpus Christi 1997, no pet.) Tex. denied). A declaratory judgment is typically requested when a party is threatened with a lawsuit but the lawsuit has not yet been filed; or when a party or parties believe that their rights under law and/or contract might conflict; or as part of a counterclaim to prevent further lawsuits from the same plaintiff (for example, when only a contract claim is The following are some specific ways that declaratory judgments can be used in family law. at 468. denied); ANR Prod. ), Code of Judical Conduct, Canon 3 B (c) obtaining the advice of a disinterested expert on the law applicable to a proceeding before the judge if the judge gives notice to the parties of the person consulted and the substance of the advice, and affords the parties reasonable opportunity to respond;. 1965). 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. NGUYEN v. NGUYEN (2011) | FindLaw Rule 166a - Summary Judgment, Tex. R. Civ. P. 166a - Casetext The complaint allegation rule can pose a problem with declaratory relief. art. Ellison sought a declaratory judgment to that effect and also brought claims for trespass to try title, trespass to real property, conversion, unlawful drainage, gross negligence, and nonpayment of oil and gas proceeds. 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. Unless the lease agreement says otherwise, the landlord must give the tenant at least 3 days to move out. See the resource below for more details. (prior judgment not res judicata as to amended pleading that alleged new facts, not involving completed operations); St. Paul Ins. R. Civ. Where the insurer is providing a defense, it is a party to the attorney-client privilege, and can share in communications between the insured and defense counsel, without waiver. Void Marriages in Texas | Texas Law Help (c) Notwithstanding Section 22.001, Property Code, a person described by Subsection (a) may obtain a determination under this chapter when the sole issue concerning title to real property is the determination of the proper boundary line between adjoining properties. 4 Among the statutes allowing for award of attorney's fee s is the following non-exhaustive list: 5Civil Practice & Remedies Code. 189 0 obj <>stream Uniform Declaratory Judgment Act A party to a declaratory judgment claim may recover "reasonable and necessary attorney's fees as are equitable and just" under the Uniform Declaratory Judgment Act (UDJA), which is codified in Chapter 37 of the Texas Civil Practice and Remedies Code. In determining amount in controversy, the court may consider policy limits and defense costs, and is not necessarily limited by the damages pleaded in the underlying suit. Co. v. Bailey, 133 F.3d 363, 368 (5th Cir. A declaration does not prejudice the rights of a person not a party to the proceeding. A fee award is not mandatoryunder the UDJA . Clearly, the insurer should be entitled to discovery of anything that has been discovered in the underlying suit. FFC Home Page / 5 Reasons to file a Declaratory Judgment. Federal courts have typically held that declaratory relief is discretionary, and a federal court has broad authority to stay or dismiss an action seeking a declaratory judgment. FAM. Co. v. Vandewater, 907 S.W.2d 491 (Tex. While for years there was a question in the Federal courts as to whether 38.001, Tex. Sec. App.Beaumont 1972), affd other grounds, 496 S.W.2d 552 (Tex. Co. v. Tilley, 484 S.W.2d 802, 806 (Tex. Despite the complaint allegation rule, Texas courts have always recognized that there are circumstances in which the court must look to extrinsic evidence to determine whether a duty to defend exists. Section 6.204 of the Texas Family Code still states that same-sex marriages are void, but that law is no longer enforceable. Cigna Lloyds Ins. Am., 845 S.W.2d 794, 801 (Tex. It is not an abuse of discretion, however, to retain a suit, and to decide issues of indemnity, even before the underlying liability suit has reached judgment. To establish federal jurisdiction in a declaratory judgment action, two conditions must be satisfied. In Chiriboga v. State Farm Mut. The declaratory judgment action allows relief, even where another remedy exists. Sec. <> SUBJECT MATTER OF RELIEF. In Foust v. Ranger Ins. An action or proceeding is not open to objection on the ground that a declaratory judgment or decree is prayed for. Code Ann. Co. v. Rio Grande Heart Specialists of So. When there is uncertainty as to the legal obligations or rights between two parties, a declaratory judgment offers an immediate means to resolve this uncertainty. Concho counterclaimed for breach of contract and a declaratory judgment premised on the signed 2008 letter. Here are the requirements: An informal or common-law marriage exists in Texas if the parties (1) agree to be married, (2) live together in Texas as husband and wife after the agreement, and (3) represent to others that they are married. Until a writ of possession is issued, the tenant can remain in their home. <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 12 0 R/Group<>/Tabs/S/StructParents 1>> 1992), cert. SEGURA.POSTMACRO.3 (DO NOT DELETE) 6/19/2015 8:20 AM DISPUTING THE BOUNDARY OF THE DECLARATORY JUDGMENTS ACT Philip Thomas Segura* I. TRESPASS TO TRY TITLE OR DECLARATORY JUDGMENTS ACT Texas state law provides that "[a] trespass to try title action is the method of determining title to lands, tenements, or other real property."1 In Texas, this is the only method of resolving property . CODE provides, in subpart (a), that: When declaratory relief is sought, all persons who have or claim any interest that would be affected by the declaration must be made parties. Suite 1850 959, 1, eff. Id. <> Co. v. Bailey, 133 F.3d 363, 368 (5th Cir. Background This case involves a dispute over a . A trial court has discretion to enter declaratory judgment if it will serve a useful purpose or will terminate the controversy between the parties. Id. See Brillhart v. Excess Ins. September 1, 2007. Bonham State Bank v. Beadle, 907 S.W.2d 465 (Tex. As long as both parties agree to the three elements listed in Section 2.401, they meet the requirements of a common law marriage. Eskew, 731 S.W.2d 124, 132 (Tex.App.-Austin 1987, writ ref'd n.r.e.) In addition to the county of the defendants residence or principal office, venue is generally deemed proper in the county where the liability suit is pending, or judgment is entered. App.Fort Worth 1992, writ denied) (insurer not estopped by failing to have declaratory judgment determined before judgment in underlying case). Code 6.305 (a) (1)- (2). * Associate Professor of Law, Texas Tech University School of Law. <>>> Sherry attributes successfully developing the most powerful tools and a five-stage formula to assist attorneys and pro se parents get better results and fight legal abuses that occur in the family court settings. Co., 628 S.W.2d 184 (Tex. Co. v. Kelliher, 343 S.W.2d 278 (Tex. 1968); National Sav. See Utica Lloyds of Tex. (whether driver qualified as an insured); John Deere Ins. denied). and Laju Patel Beaumont, Texas civil litigation lawyers represented Defendant accused of paying kickbacks. . 1995). . 925 S.W.2d at 714. v. Texas Air Control Bd., 852 S.W.2d 440, 446 (Tex. PDF Texas state law provides that "[a] trespass to try title action is the App.Texarkana 1967, no writ) (auto excluded); International Serv. A motion for declaratory judgment is an appropriate vehicle for determining the validity of a prenuptial agreement. [Read opinion here.] Despite its title, this order would not be a final judgment because it does not dispose of all claims at issue in the lawsuit. It may be appropriate for courts to abstain, in certain circumstances. Group v. Lou-Con, Inc., 293 F.3d 908 (5th Cir. PDF U.S. Specialty Ins. Co. v. Vill. of Chester - hnrklaw.com Civ. PDF Civil Dispositive Motions: A Basic Breakdown - University of North App.Dallas 1992, writ denied); U.S. Fire Ins. If any facts within the scope of coverage are determined, however, an insurer is required to defend. " (emphasis added)). One of the factors the courts will review is whether the declaratory action is filed in anticipation of a state court suit. Rule 56(a). (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. Determination of title is only dispute to be raised by declaratory judgment. 37.011. %PDF-1.6 % LEXIS 8494 (Tex. for Declaratory Judgment at 3. App.Houston 1965, writ refd n.r.e.) 2201-2202 . Co. v. Cowan, 945 S.W.2d 819 (Tex. As such, there should be no collateral estoppel of the insurer, based upon the outcome of the issue in the underlying case. The Burches were the plaintiffs, and were also the petitioners for declaratory relief. Acts 1985, 69th Leg., ch. The Motion: a) May be filed by a defending party any . App. Federal Jurisdiction Issues A. Diversity Jurisdiction 1. Through the years, many family lawyers have recommended taking additional steps to assure the sanctity of a partition agreement, including initiating a declaratory judgment action to seek a. 5 0 obj Similarly, courts have held that an insurance company has no right to intervene in the liability action against the insured to seek a coverage determination. On the other hand, in some instances, principally those in which only indemnity is at issue, or where stay or abstention is likely, there may be no benefit to early filing. Sec. 2201, and further provides for a jury trial. Amount in Controversy Co., 418 S.W.2d 712, 715-16 (Tex. 2d 719 (S.D. Ins. Co. v. Louisiana Farm Bureau Fedn, Inc., 996 F.2d 774, 778 (5th Cir. 4 0 obj Civ. Courts recognize that when there are conflicting positions on coverage, as when the insurer reserves rights, there is no privity between the insured and the insurer on issues relating to coverage, which are also at issue in the underlying case. A marriage might be void for other reasons, but not because the spouses are of the same sex. %PDF-1.5 Rule 57, FED. declaratory judgment | Wex | US Law | LII / Legal Information Institute ^9@VXB-'C(SOZ#jGT"1kfWj7i,9^'EJ 651-389-5000, 10001 Reunion Place Sept. 1, 1985. 1 0 obj The petition in the underlying suit was amended, however, and all references to alcohol were deleted. It is axiomatic that the duty to defend is broader than the duty to indemnify. 3 0 obj % Family Settlement Agreements In Texas Probate - Home | Probate Stars The right to award costs and fees is discretionary, not mandatory. 1968). Fam. You may not reproduce or sell this material or copy it into other training without express permission from Ron or Sherry Palmer in writing. See, e.g., State Farm Fire & Cas. at 452-53; but see Tri-Coastal Contrs Inc., 981 S.W.2d at 863 (questioning scope of exception). Ins. P., also addresses declaratory judgments, by reference to 28 U.S.C. See Firemens Ins. App.San Antonio 1998, pet. <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> xko9.ou _:=;0b+w)m3]WTy:>yYWOv]vs|?V~>zw"{}v~eM/XVY&R~Eou6Wv/ *]nT:^\-G:[A? Texas, Inc., 64 S.W.3d 497 (Tex. 1998, no pet.). Thompson Coe on Best Lawyers Best Law Firms List for 12th Consecutive Year, Four Years Later: The Impact of Texas Insurance Code Section 542A.006 on Insurance Litigation, Texas Supreme Court Reverses Appeals Court Judgment, Affirms Trial Win for Thompson Coe Client, Developing Texas Insurance Law in the Appellate Courts, Update & Recap: Winter Storm Uri and Impact on Gulf Coast Coverage Cases, The Good, The Bad, The Ugly: Texas Appraisals, NEW June PC Webinar: Insurance Retrospective, Texas Supreme Court Issues Significant Decision on Exception to Eight Corners Rule, 2801 Via Fortuna As amended through January 27, 2023. 1998). Co. of Texas v. Erskine, 169 S.W.2d 731 (Tex. Because there was no judgment in the liability suit, the court concluded that any declaration regarding indemnity would be purely hypothetical.1 In 1997, the Supreme Court concluded that the law had changed, however, and determined that a declaration of indemnity was available, when the same facts that defeated a duty to defend also defeated a duty to indemnify. Determining Whether Your Texas Judgment Is Final and Appealable Federal courts have broad discretion as to whether to retain jurisdiction or dismiss declaratory judgment actions. Insrs v. American Home Assur. 37.004. A declaration does not prejudice the rights of a person not a party to the proceeding. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Texas Dept of Public Safety v. Moore, 985 S.W.2d 149, 153-54 (Tex. d) The court may also grant summary judgment against the moving party, if appropriate. P., also addresses declaratory judgments, by reference to 28 U.S.C. stream App.Dallas 1992, writ denied) (insurer not collaterally estopped from challenging findings); United States Fire Ins. Co. v. Bailey, 133 F.3d 363, 368 (5th Cir. (a) When declaratory relief is sought, all persons who have or claim any interest that would be affected by the declaration must be made parties. 2201(a) . Burch involved a declaration that the insurer owed defense, and also owed indemnity for the insureds liability for his wifes torts. %%EOF They cannot file an eviction suit before they give this notice in writing. Corp. v. Vacuum Tanks, Inc., 975 F.2d 1130, 1133 (5th Cir. Tex. 3.08(a), eff. [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. In a number of instances, courts have concluded that an insurer is entitled to re-litigate issues. Texas follows the American Rule Co. v. Sassin, 894 F.Supp. See, e.g., Ruth v. Imperial Ins. Co. v. Patriot Sec., Inc., 926 F.Supp. Declaratory judgment actions have been a recognized civil vehicle for more than one hundred years. Declaratory Judgment legal definition of Declaratory Judgment Tex. See Farmers Tex. App.San Antonio 1998, pet. Declaratory Judgments Act) Texas CPRC Plus REF KFT 1728.A196 A2 CPRC Ch. 1992), cert. The existence of another adequate remedy does not preclude a declaratory judgment that is otherwise appropriate. Co. of N. Prac. 2201. final decision in the case instead of a judge. If a proceeding under this chapter involves the determination of an issue of fact, the issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending. Federal Declaratory Judgment Act - What is Required for Standing