An action for Declaratory Relief (often referred to as a “Dec Action”) is filed when a person is unsure of his or her rights or powers under a contract, statute, or rule. For example, an LLC Member may believe that the LLC Operating Agreement gives him the right to manage the LLC. Others in the LLC may claim that the right to manage is granted to a different individual. In these types of cases, where there is no definitive breach of contract, the parties’ best course of action may be to seek a Declaratory Judgment.
In other cases, a party may be unsure whether a particular governmental ordinance or law applies to his or her business. Depending upon the circumstances, the best option may be to obtain a judge’s ruling through a Declaratory Action.
Vincent Schindeler has experience litigating actions for Declaratory Relief. If you are unsure about your rights under a contract or law, contact the Law Office of Vincent E. Schindeler, P.A., so that we can determine if an action for Declaratory Judgment is best for you.