Jenison Public Schools Calendar, Does Columbus Salami Need To Be Refrigerated, One Way See Through Camo Fabric, Articles D

App.Fort Worth 1998, no pet.) Sec. 6#7a |mp}v"VY2I %%EOF Determining Whether Your Texas Judgment Is Final and Appealable 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. 167, Sec. Instead, a party may recover fees only where controlling substantive law permits recovery. App.El Paso 2000, no pet. In re Houston Specialty Insurance Co., 569 S.W.3d 138 (Tex. at 332. Background This case involves a dispute over a . See, e.g., Commercial Metals Co. v. Balfour, Guthrie & Co., Ltd., 577 F.2d 264 (5th Cir. App.Houston [1st Dist.] Texas Estates Code - EST 257.101 | FindLaw Co. v. Marathon Ashland Petrol., L.L.C., 87 F. Supp. Ins. App. Because the insurer would be allowed to re-litigate, after the underlying case is resolved, there is no reason to delay the inevitable. A federal court cannot, however, stay a pending suit for declaratory relief to allow the parties to re-file suit in state court, as the state court will have no jurisdiction. 1364 (N.D. Tex. Motion - FOR DECLARATORY JUDGMENT November 30, 2016 | Trellis Tex. App.Corpus Christi 2000, no writ). App.Corpus Christi 1975, writ refd n.r.e.) Co. v. Boll, 392 S.W.2d 158, 161 (Tex. Bonham State Bank v. Beadle, 907 S.W.2d 465, 467 (Tex. Ins. & Rem. 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. PDF WHEN IS A DECLARATORY JUDGMENT PROPER? - Harris County, Texas There is a contract, and a dispute over the parties rights and obligations under the contract. LEXIS 8082 (Tex. SHORT TITLE, CONSTRUCTION, INTERPRETATION. & REM. Protective orders are still relatively simple, and can usually be subject to an agreed motion in federal court. Civ. Many of our courses are available here. Pursuant to 37.003, a declaration may be either affirmative or negative in form and effect. 8. Ins. [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. Rule 166a - Summary Judgment. September 1, 2007. final decision in the case instead of a judge. 2005); In re Marriage of Byrne, 179 Ill.App.3d 944 (1st Dist. App.Corpus Christi 2003, no writ). Co. v. Vandewater, 907 S.W.2d 491 (Tex. LEXIS 8494 (Tex. Local venue flavor/influences II. Code 6.305 (a) (1)- (2). (You hire experts to help you teach your court that there is parental alienation in your case. Co. v. River Entertainment, 998 F.2d 311, 315 (5th Cir. Google it and find out how your State has interpreted this remedy. denied) (failure to satisfy burden is not finding of proof of opposite). 1787), Sec. Federal Jurisdiction Issues A. Diversity Jurisdiction 1. (on petition for mandamus, found claimant was not third party beneficiary and had no right to intervene in declaratory action). Prac. App.Dallas 2001, pet. 1998), overruled on other grounds, State Farm Fire & Cas. See, e.g., Ruth v. Imperial Ins. Cigna Lloyds Ins. The order, once it has been reduced to judgment (under Pa. R.A.P. Why File a Declaratory Judgment in State Court? 1983). A Texas court may also enjoin the litigants from moving forward on the same issues in any other jurisdiction. However, each party must still plead for relief and carry its own burden of proof. Co. v. Vic Mfg. Declaratory judgment - Wikipedia The Federal Declaratory Judgment Act creates a remedy, not a basis for jurisdiction. The collision was also in Hidalgo County, as was the liability suit. Rule 91a - Dismissal of Baseless Causes of Action, Tex. R - Casetext 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. The dispute was over an unscheduled vehicle. Co. v. Am. She enables parents and attorneys to assert rights and convert the constitutional principles into everyday practice and natural language. PDF U.S. Specialty Ins. Co. v. Vill. of Chester - hnrklaw.com Read this complete Texas Estates Code - EST 257.101. Id. Sec. Group, 946 F.Supp. oEN>-BZ=/c]-ZP4U3o>0!f$F = FQfB@DlClYthnA mML.;Emu =uT App.Dallas 2001, pet. Texas Declaratory Judgment Law United States of America v. Vijesh Patel, M.D. Texas law does not require the couple to be together for a specific period of time before they can declare themselves to be in a common law marriage. 1995), the court held a minor, whose interests were affected, was properly made a party to a declaratory judgment action, and was bound by the judgment where the minors mother answered, as next friend, and a guardian ad litem was appointed. Ohio Cas. LEXIS 7550 (Tex. stream Section 37.003 says that courts of record have within their jurisdiction the "power to declare rights, status and other legal relations whether or not. In any proceeding under this chapter, the court may award costs and reasonable and necessary attorney's fees as are equitable and just. Rule 57, FED. 4 Among the statutes allowing for award of attorney's fee s is the following non-exhaustive list: 5Civil Practice & Remedies Code. 1992); LaFarge Corp. v. Hartford Cas. Co., 975 S.W.2d 329, 332 (Tex. Co. v. Trejo, 39 F.3d 585 (5th Cir. Copyright 2013 - 2023. 855, Sec. of Trans., 999 S.W.2d 881, 883 (Tex. App.Austin 1998, no pet. A declaratory judgment must be based on an actual controversy, and cannot be merely advisory. See, e.g., State Farm Fire & Cas. Under this rule, the insurers defense obligations are determined by the allegations of the pleadings and the language of the insurance policy, without regard to the actual facts. ydXOEp Pzz2 -Ia5D(eUE02Xd#zG5 ;}srmVY9c~Vqz6#tUy/`ck$cVpxKCoo,}o{T#@TQ]%5|@Rtx~K9jptm> oL The Texas Legislature adopted the Uniform Act, with some slight variations, in 1943V. Tex. River Entertainment was joined because it owned Pepes where the defendant imbibed. App.Corpus Christi 1997, no pet.) 39 F.3d at 591. 1995) (whether trademark violation occurred during policy period). denied sub nom. [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. 37.002 provides that the chapter is remedial: Its purpose is to settle and to afford relief from uncertainty and in security with respect to rights, status, and other legal relations; and it is to be legally construed and administered. The Act does not create or enlarge jurisdiction. When an issue has been litigated in the underlying case, when can it be re-litigated in the coverage dispute? App.Houston [14th Dist.] C.M.W., 53 S.W.3d 877 (Tex. An advantage to arbitration may be the possibility of a quicker trial date, quicker final resolution, and privacy, but arbitration rulings are usually consid-ered final and cannot be appealed. 1989, no writ); In re Fontenot, 13 S.W.3d 111 (Tex. SHORT TITLE, CONSTRUCTION, INTERPRETATION. Rule 91a - Dismissal of Baseless Causes of Action. App.Corpus Christi 1998), revd on other grounds, 995 S.W.2d 675 (Tex. 97, 99 (E.D. (auto liability insurer seeking declaratory relief was not subject to cross-action by injured party, or consolidation of liability and coverage suit); see also Firemans Ins. (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. endstream endobj startxref CIV. Id. %PDF-1.5 C.M.W., 53 S.W.3d 877 (Tex. 1995). endobj 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. xko9.ou _:=;0b+w)m3]WTy:>yYWOv]vs|?V~>zw"{}v~eM/XVY&R~Eou6Wv/ *]nT:^\-G:[A? While the law is less clear, Federal courts, applying Texas law, have reached a similar conclusion. SUBJECT MATTER OF RELIEF. App.Austin 1999, pet. App.Texarkana 1994, no writ) (possibility that liability triggering indemnity would be incurred was a feature hypothetical event, and court had no power to pass upon hypothetical or contingent situation); Fort Worth Lloyds v. Garza, 527 S.W.2d 195 (Tex. A Texas Rule 11 family settlement agreement can be a wonderful tool to resolve a Texas probate dispute. Board Certified, Consumer and A federal anti-injunction also exists. PDF Defendant's Attorney's Fees - Collin County Bar 2201, and further provides for a jury trial. 45 . 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. Jan. 25, 2019) is a mandamus case involving an insurer's motion to dismiss a declaratory judgment action by a law firm seeking a declaration of non-liability for malpractice in representing the insurer and advising it did not owe a defense in an underlying suit. Obviously, the nature of the coverage issue to be determined will also determine the scope of discovery. (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. 1997) (whether vehicle was owned by insured); Harken Exploration Co. v. Sphere Drake Ins., PLC, 261 F.3d 466 (5th Cir. ); but cf. . State Farm argued the policy changes were made in Milam County, where the agent was located, and the policy was sold. Co., 981 S.W.2d 861 (Tex. See Fed. (driver excluded); see also Tri-Coastal Contrs, Inc. v. Hartford Undwrs Ins. 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. 1968). While some older cases find an insurer cannot re-litigate facts, if it has wrongfully refused to defend, recent cases have held that an insurer is not bound, in any circumstance, where the facts allegedly establishing coverage are not fully litigated. See McCarthy Bros. Co. v. Continental Lloyds, 7 S.W.3d 725 (Tex. Rules 38 and 39 govern a demand for a jury trial. June 15, 2007. On the other hand, where the insured seeks a declaration that the insurer owes indemnity, before resolution of the underlying case, the opinion may be considered advisory, and declaratory relief may, indeed, be premature. Co. v. Gandy, 925 S.W.2d 696 (Tex. TJB | Rules & Forms | Forms - txcourts.gov <> Also, seeking title by declaratory judgment is improper. 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. Group v. Lou-Con, Inc., 293 F.3d 908 (5th Cir. Cluett v. Medical Protective Co., 829 S.W.2d 822, 826 (Tex. P., also addresses declaratory judgments, by reference to 28 U.S.C. & Ind. Flexibility of Court in Awarding Fees. 1271 (N.D. Tex. (because claimant could not bring suit, she had no right to intervene); see, e.g., Graciela v. Tagle, 946 S.W.2d 504 (Tex. One common element circuit courts often point to is whether the suit was brought . The award is subject to reversal only if it is arbitrary and unreasonable. Ins. endobj ATTORNEY'S FEES IN DECLARATORY JUDGMENTS. 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. 2 . 131 (E.D. ("[B]ecause the trial court judgment rests upon the specific grounds set out in the findings of fact and conclusions of law that accompany the judgment, we are not permitted to assume omitted findings or conclusions necessary to any other grounds for the judgment, even . Co. v. Sweatt, 978 S.W.2d 267 (Tex. Even before the Texas Supreme Courts opinion in Griffin, federal courts recognized that indemnity presented an actual controversy and was justiciable, prior to judgment in the underlying liability suit. PDF Petitioner'S Response to Motion for Declaratory Judgment Co., 387 S.W.2d 22, 25 (Tex. See Bocquet v. Herring, 972 S.W.2d 19 (Tex. Id. Burch involved a declaration that the insurer owed defense, and also owed indemnity for the insureds liability for his wifes torts. The insurer denied defense based on the liquor liability exclusion and filed a declaratory judgment action. App.Austin, Oct. 2, 2003, no pet. Amount in Controversy The county where the contract was formed may also be a proper venue. App.San Antonio 1998, pet. Co., 96 S.W.3d 673 (Tex. See United Services Life Ins. The existence of another adequate remedy does not preclude a declaratory judgment that is otherwise appropriate. Amended by Acts 1987, 70th Leg., ch. Indemnity, on the other hand, is based on actual facts and should always be subject to extrinsic evidence. ), 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;. Fam. 10, eff. 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. DECLARATORY JUDGMENT ACTIONS, DISCOVERY & TRIAL - New York State Bar A marriage might be void for other reasons, but not because the spouses are of the same sex. 1992); cf. . 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. dismd, 507 U.S. 1026 (1993); cf. NGUYEN v. NGUYEN (2011) | FindLaw While for years there was a question in the Federal courts as to whether 38.001, Tex. Co. of Texas v. Erskine, 169 S.W.2d 731 (Tex. See, e.g., State Farm Lloyds v. DEFINITION. Texas Dept of Public Safety v. Moore, 985 S.W.2d 149, 153-54 (Tex. The declaratory judgment is to also help you prevent additional costly litigation as stated above. It is still likely a court will not allow dual-track litigation of issues that affect liability and coverage. Co., 579 S.W.2d 523 (Tex. Typically, the first-filed suit has dominant jurisdiction. In a number of instances, courts have concluded that an insurer is entitled to re-litigate issues. <>>> 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. 1992), cert. endobj ***It is your responsibility to make sure that this is appropriate for your individual case. Tex. Co., 628 S.W.2d 184 (Tex. As a general rule, only one final judgment may be signed in a lawsuit (note, thought, that this rule does not always apply in probate and family law cases). Saint Paul, MN 55102 Co. v. Burch, 442 S.W.2d 331 (Tex. Yes*! Under Texas law, a duty to defend is determined by the complaint allegation rule. Texas Supreme Court Update: Boundary Dispute - The Energy Law Blog 1968); National Sav. 1998). In St. Paul Ins. denied). Co. v. Tandy Corp., 986 F.2d 94, 95 (5th Cir. Co. v. Taylor, 706 S.W.2d 352 (Tex. 1445(c) and federal abstention principles. App.Corpus Christi 1992, writ denied) (whether boat was being used for business pursuit); International Serv. " (emphasis added)). 1995). Co. v. Murray, 437 S.W.2d 264, 265-66 (Tex. 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. 6 0 obj and Laju Patel Beaumont, Texas civil litigation lawyers represented Defendant accused of paying kickbacks. APP. 37.008. Ins. In a straight complaint allegation case, for instance, there should be extremely limited discovery, beyond verification of the pleadings and the policy. We do not guarantee or warrant any of this information. 37.009. App.Corpus Christi 1982, no writ) (could not consider facts of ownership that conflicted with petition); Calderon v. Mid-Century Indem. 1974, no writ). In American Genl Fire & Cas. Sec. (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 (2) a responding party that: (A) is an official of another state; and Co. v. Griffin, 955 S.W.2d 81 (Tex. App.Beaumont 1972), affd other grounds, 496 S.W.2d 552 (Tex. 37.010. REVIEW. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Declaratory Judgment These rules govern the procedure for obtaining a declaratory judgment under 28 U.S.C. 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. Sec. The Federal act is broader in scope. See Employers Cas. C.M.W., 53 S.W.3d 877 (Tex. 1998, pet. If done right, it can save parties to a probate dispute time and money, and avoid the uncertainty of litigation. Co. v. Kelliher, 343 S.W.2d 278 (Tex. Still, there are often strategic benefits to filing early. 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. at 368-69. The Motion: a) May be filed by a defending party any . 1995); but cf. Admiral Ins. 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. Can I Still File if I am already in Costly Litigation? An action or proceeding is not open to objection on the ground that a declaratory judgment or decree is prayed for. Texas Uniform Declaratory Judgments Act, You can get sample motions here: Declaratory Relief Declaratory Judgment and Rights. Civ. In Williamson, a jury awarded the claimant damages against the insured for false imprisonment. h.). (a)For Claimant. Please avail yourself of these resources before seeking a consultation. at 468. See Bernard v. Gulf Ins. As a preliminary consideration, counsel for the insurer should be careful and selective in what is requested. declaratory judgment: Statutory remedy for the determination of a Justiciable controversy where the plaintiff is in doubt as to his or her legal rights. Ins. 2d 601, 621-22 (E.D. Co. v. Cooper Machinery Corp., 817 F.Supp. The Most In Depth Post On Common Law Marriage In All of Texas . *I`Sl,'dpC2\,AMia*K/[ -M @ICPgIw5 Y k]x?4 :D R*NuNK^CXdmS0I,-B A justiciable controversy may nonetheless exist where no other cause of action is available or has ripened. Co., 418 S.W.2d 712, 715-16 (Tex. 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. Step 1: Written Notice to Vacate. <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 12 0 R/Group<>/Tabs/S/StructParents 1>> App.Dallas 1992, writ denied); U.S. Fire Ins. PDF Use of Declatory Judgements In Probate Court - Langley & Banack 1993); McLaren v. Imperial Cas. Co., 61 F.3d 389 (5th Cir. recoverable by the prevailing party under the Texas Declaratory Judgment Act, the federal act does not provide for fees to be awarded. R. CIV. 1991). Co., 502 S.W.2d 232 (Tex. App.Beaumont 1999, pet. 1993); Trinity Univ. Declaratory judgment actions have been a recognized civil vehicle for more than one hundred years. The court, however, concluded this was not a county in which a substantial part of the facts giving rise to the coverage dispute arose. Therefore, either diversity or federal question jurisdiction must still exist. Dallas, TX 75201 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. (d) In determining whether to grant declaratory relief to a business under this section, a court shall consider: (1) the factual circumstances of the business's operations that give rise to the demand by the other state; and. 2d 719 (S.D. Further necessary or proper relief based on a declaratory judgment or decree may be granted, after reasonable notice and hearing, against any adverse party whose rights have been determined by such judgment. Thus, an insured can seek an affirmative finding of coverage, or an insurer can seek a negative determination that coverage does not exist. See Scottsdale Ins. <> 2 The courts decision has been described as carving out an exception, rather than overruling prior law. Civ. A court may not, however, refuse to exercise jurisdiction on the basis of a whim or personal disinclination. See, e.g., St. Paul Ins. 7 0 obj 7/22/14 N/A Yes . The woman appealed, arguing the evidence was factually insufficient to support the finding there was no mutual intent to be married. 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. App. insecurity with respect to rights, status, and other legal relations.". A Texas Court of Appeals Weighs In On The Defensive Use of The Uniform Sec. (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. Co. v. Tilley, 484 S.W.2d 802, 806 (Tex. Coming to a Better Understanding of Remedies - Courts Law denied). Typically, an anti-suit injunction is appropriate in limited instances: 1) to address a threat to the courts jurisdiction; 2) to prevent the evasion of important public policy; 3) to prevent a multiplicity of suits; or 4) to protect a party from vexatious or harassing litigation. 10 0 obj Berger v. Berger, 358 Ill.App.3d 651 (1st Dist. App.Dallas 2001, no pet.) denied); ANR Prod. denied), the court held it was permissible, and not purely advisory, to determine the number of occurrences involved in the underlying litigation. PDF Plaintiff'S Original Petition for Declaratory Judgment 37.004. Suite 300 & Rem. See, e.g., Boring & Tunneling Co. v. Salazar, 782 S.W.2d 284, 289-90 (Tex. App.Fort Worth 1978, no writ); Providence Lloyds Ins. Texas Supreme Court Holds That the Uniform Declaratory Judgment Act Can TO PREVENT COSTLY LITIGATION, LOSS, DEBT, DAMAGE, AND PENALTIES: It should be the primary purpose of the State to save its citizens from injury, debt, damage and penalties; and to this end the highest function of the court ought to be to decide, when possible, the controversies of parties before any loss has been suffered or any offense committed. ~Uniform Declaratory Judgments Act Reasons for Adoption 1922. See Brillhart v. Excess Ins. The Western Heritage case epitomizes the argument for use of extrinsic evidence. 1 0 obj 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.. 168 0 obj <>/Filter/FlateDecode/ID[<9A8DD3395C28F34D981E9CD96490FD9D>]/Index[140 50]/Info 139 0 R/Length 129/Prev 481282/Root 141 0 R/Size 190/Type/XRef/W[1 3 1]>>stream Under Texas substantive law, attorneys fees may be available to the insured if the insurer has breached its duty to defend or indemnify. 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 . Tex. 5 Reasons to file a Declaratory Judgment | Fix Family Courts When to file is often determined by what is at issue. A court can dismiss a declaratory action even if it fails to meet the stringent standards for abstention. App.Houston [14th Dist.] Co. of N. denied). App.Texarkana 1967, no writ) (auto excluded); International Serv. 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. In addition, Rule 57 provides that the court may order a speedy hearing as an action for a declaratory judgment and may advance it on the calendar..