Williams v. HowardWilliams v. Howard
This matter comes to us on direct appeal from the Circuit Court of the Second Judicial Circuit in and for Leon County, Florida. We have jurisdiction of the appeal pursuant to
Appellees brought suit under the Declaratory Judgment Act,
In ruling upon a motion to dismiss filed by appellants Williams and the Department of Administration of the State of Florida (DOA), the trial court expressly found that appellees Limpus, Gall, Goolsby and Fletcher, had standing to raise the issue of the constitutionality of the Act in their respective alleged capacities. The trial court
Appellees then filed a motion for judgment on the pleadings or, in the alternative, for summary judgment. Appellants responded with a motion for judgment on the pleadings declaring that
The issues presented for our determination are (i) whether the trial court erred in finding that appellees, as plaintiffs below, have standing to maintain this suit and (ii) whether the trial court erred in finding
With respect to the standing of appellees Howard and Cross to maintain this suit, we concur with the trial court in its determination that those individuals in their capacity as a minority of the Parole and Probation Commission lacked standing to maintain the suit. See Rawls v. D‘Alemberte, 41 Fla. Supp. 130 (Leon Cty. Cir.Ct. 1974). We also concur in the trial court‘s finding that the allegations of the complaint were not specific as to any unlawful expenditures of public monies arising from the asserted invalidity of
For the same reasons that the allegations were insufficient to create standing in Howard and Cross as citizens and taxpayers, they are insufficient for the other appellees in such capacity.
We therefore turn next to the standing of appellees Limpus and Gall to maintain this suit as employees of the Parole and Probation Commission. The allegations of the complaint material to this inquiry are contained in paragraphs (2) and (8) of the complaint. They are as follows:
“2. That plaintiffs’ rights, status, and legal relations are affected by the transfer of the supervisory authority over parolees and probationers from the Parole and Probation Commission to a newly created department pursuant to Committee Substitute for Senate Bill 169 passed by the Legislature of the State of Florida on May 26, 1975, known as the `Correctional Organization Act of 1975,\’ having an effective date of July 1, 1975, and designated as Chapter 75-49, Laws of Florida, a copy of said Act marked `Exhibit A\’ is attached hereto and incorporated herein by reference.”
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“8. That in view of Section 8(c) of Article IV of the Constitution of the State of Florida, a dispute exists as to whether the Legislature can constitutionally transfer to the newly created Department of Offender Rehabilitation all of the powers, duties and functions of the Parole and Probation Commission pertaining to the supervision of parolees and probationers; that said dispute affects the legal rights under the Florida Career Service System of plaintiffs, Charles Limpus and Charles D. Gall, as individuals and as employees of the Parole and Probation Commission, as well as the type and quality of rehabilitation and supervision over plaintiffs, Darrell H. Goolsby and Robert J. Fletcher, who under said Act will be supervised by a newly created Department of Offender Rehabilitation also having supervision and custody of inmates confined in State penal institutions.”
It is necessary first to determine the proper test to be applied in disposing of the motions for judgment on the pleadings in the context in which those motions were presented to the trial court. The rule ordinarily applicable is that all well-pleaded material allegations of the opposing party‘s pleading are to be taken as true, and all allegations of the moving party which have been denied are taken as false. Judgment on the pleadings may be granted only if, on the facts as so admitted, the moving party is clearly entitled to judgment.
As appears from the allegations hereinabove quoted, appellees Limpus and Gall assert that a dispute exists as to whether the Legislature can constitutionally make the proposed transfer, and then they assert the legal conclusion that said dispute affects their legal rights under the Florida Career Service System as individuals and as employees of the Parole and Probation Commission. They do not allege that their rights will be adversely affected, much less the nature or type of injury which they might sustain. The allegations fall short of constituting the sort of ultimate facts required by the rule to sustain appellees’ standing to attack the Act.
“... The courts will not answer a question by way of declaratory relief unless the pleadings allege facts showing that the question then exists; and where the pleadings indicate the possibility that the question will never arise, the courts will deny declaratory relief... .”
The bare assertion that their legal rights will be affected under the Career Service System without alleging how or why is simply not sufficient to demonstrate that any question now exists which requires an answer through operation of the Declaratory Judgment Act.
Appellees Limpus and Gall maintain in their brief in this Court that the possibility exists that they will be directly injured through (i) job reclassification, (ii) loss of Career Service status or (iii) termination of their employment. These assertions are not a part of the pleadings or record before us because of the procedural posture in which this case arrives in this Court. However, it is appropriate for ultimate disposition of the cause to observe that, even if the assertions made were a matter of proof before us, they, at best, only represent speculation and conjecture as to events which may or may not occur at some future date.
Although under the Act it is possible that reclassification could occur, there is no evidence that such will be the case. Additionally, in the event of a change in the classification system, appellees might receive a lower classification. On the other hand, they may receive the same or higher classification, resulting in equal or enhanced compensation.
The argument that Limpus and Gall will lose their Career Service status by being named Regional Directors likewise is conjectural. In their argument they assume that the positions of Regional Director and Program Director will be Career exempt. We cannot accept such assumption because
Appellees’ argument that they individually may lose employment altogether because Chapter 75-49, Laws of Florida, authorizes the Secretary, for fiscal year 1975-76, to
Appellees Goolsby and Fletcher, probationers currently under the supervision of the Parole and Probation Commission, maintain that the alleged dispute over the constitutionality of Chapter 75-49, Laws of Florida, affects “the type and quality of rehabilitation and supervision” over them because they will be supervised by the newly-created department which also will have supervision and custody of inmates confined in State penal institutions. This simply states a conclusion, not ultimate facts, and is deficient under
This Court has repeatedly held that the mere possibility of injury at some indeterminate time in the future does not supply standing under our Declaratory Judgment Act. In May v. Holley, 59 So.2d 636 (Fla. 1952), for example, it was stated:
“Before any proceeding for declaratory relief should be entertained it should be clearly made to appear that there is a bona fide, actual, present practical need for the declaration; that the declaration should deal with a present, ascertained or ascertainable state of facts or present controversy as to a state of facts; that some immunity, power, privilege or right of the complaining party is dependent upon the facts or the law applicable to the facts; that there is some person or persons who have, or reasonably may have an actual, present, adverse and antagonistic interest in the subject matter, either in fact or law; that the antagonistic and adverse interest are all before the court by proper process or class representation and that the relief sought is not merely the giving of legal advice by the courts or the answer to questions propounded from curiosity. These elements are necessary in order to maintain the status of the proceeding as being judicial in nature and therefore within the constitutional powers of the courts.”
See also State ex rel. Fla. Bank & Trust Co. v. White, 155 Fla. 591, 595, 21 So.2d 213, 215 (1944), where it was said:
“It is settled law that a court will not entertain a suit to determine a declaration of rights for parties upon facts which have not arisen, upon matters which are contingent, uncertain or rest in the future... .”
Bryant v. Gray, 70 So.2d 581 (Fla. 1954), provides another illustration of the principle herein reiterated. As basis for a declaratory decree petitioner alleged that he was legally eligible to become a candidate
In our jury instructions we admonish jurors to refrain from speculation or conjecture. The courts should be at least as disciplined when called upon to declare the rights of parties who assert that they will be affected by a state of facts which have not arisen or by matters which are contingent, uncertain or rest in the future.
Finding as we do that the appellees lack standing to maintain this suit, based either upon their pleadings or upon the matters asserted in their brief, we reverse the judgment of the trial court and remand this cause with directions to enter judgment for the appellants upon the issue of standing.
It is so ordered.
ADKINS, C.J., and ROBERTS, BOYD, OVERTON, ENGLAND and HATCHETT, JJ., concur.