1968); National Sav. Costs and fees are not dependent upon the outcome, and can be awarded to either the prevailing or the non-prevailing party. Co. v. Blevins, 741 S.W.2d 604, 606 (Tex. Sec. 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. Tex. Federal Jurisdiction Issues A. Diversity Jurisdiction 1. LEXIS 8082 (Tex. Courts have struggled with the issue of what can be resolved in the declaratory judgment action, when the issue determining coverage may also be material in the underlying case. & REM. In Gonzales v. American States Ins. As long as both parties agree to the three elements listed in Section 2.401, they meet the requirements of a common law marriage. See, e.g., Ohio Cas. Co. v. Cooper Machinery Corp., 817 F.Supp. insecurity with respect to rights, status, and other legal relations.". (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 Because the pleadings did not address a fact essential to determining coverage, the court allowed extrinsic evidence. The Texas Supreme Court concluded that 38.006 allowed recovery of attorneys fees for breach of contract unless attorneys fees are otherwise available. See Granite State Ins. A marriage might be void for other reasons, but not because the spouses are of the same sex. See London Mut. 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. Co. v. Boll, 392 S.W.2d 158, 161 (Tex. App.Corpus Christi 2000, no writ). As au- RestoringFreedom2016.com Kash Jackson campaign for defunding Title IV-D, and restoring constitutional parental and child rights. For more information, please contact the law firm at 817-335-8800. Sec. 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. Civ. Instead, plaintiffs alleged River Entertainment was negligent for allowing the defendant to leave, in his own vehicle, when they should have known his driving ability was impaired. A number of issues arise in regard to discovery in a declaratory judgment action. denied); see also State Farm Fire & Cas. 37.010. REVIEW. 2201-2202 . denied). Ins. Co. v. Taylor, 832 S.W.2d 645 (Tex. xko9.ou _:=;0b+w)m3]WTy:>yYWOv]vs|?V~>zw"{}v~eM/XVY&R~Eou6Wv/ *]nT:^\-G:[A? at 332. She enables parents and attorneys to assert rights and convert the constitutional principles into everyday practice and natural language. Tex. See, e.g., City of Galveston v. Giles, 902 S.W.2d 167 (Tex. App.Corpus Christi 2003, no writ). 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. 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 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 In part, of course, the scope of discovery will be determined by the nature of the issue. Cigna Lloyds Ins. The following are some specific ways that declaratory judgments can be used in family law. Irwin settled with Alonso's insurance carrier for the $30,000 policy limit. Bonham State Bank v. Beadle, 907 S.W.2d 465, 467 (Tex. As amended through January 27, 2023. Although efforts are occasionally made, it is inappropriate for the insurer to be joined as a defendant in a liability suit. We are not attorneys. Sec. Co. v. Delaney, 386 S.W.2d 648 (Tex. 1271 (N.D. Tex. In a decree for divorce or annulment, the court shall order a division of the estate of the parties in a manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage. Co., 502 S.W.2d 232 (Tex. 1998, pet. See Bernard v. Gulf Ins. Dallas, TX 75201 Co. v. Sassin, 894 F.Supp. 3.08(a), eff. See Great American Ins. 1996) (nevertheless refraining from determining coverage for indemnity, on the basis of judicial economy). 2201. A person claiming to be the surviving spouse should file a claim for declaratory judgment to determine if there was a legal common law marriage. Thus, an insured can seek an affirmative finding of coverage, or an insurer can seek a negative determination that coverage does not exist. denied) (judgment of negligence in underlying case did not establish that negligent acts caused bodily injury, and did not preclude insurer from establishing intentional conduct); Deering Mgmt. 28 U.S.C. Despite the insurers right to review any such documents without waiver of the privilege, and the likelihood that defense counsels concerns would be abrogated by the right to conduct discovery, there is still a question as to what extent defense counsels opinions or observations would be relevant to coverage. Texas Declaratory Judgment Law United States of America v. Vijesh Patel, M.D. There is a contract, and a dispute over the parties rights and obligations under the contract. 1989). of Trans., 999 S.W.2d 881, 883 (Tex. Westport v. Atchley, Russell, Waldrop & Hlavinka, 267 F. Supp. 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. Litigation in Texas. Declaratory judgment actions have been a recognized civil vehicle for more than one hundred years. The federal act allows the court to declare the rights of any interested party.. Acts 1985, 69th Leg., ch. (2) the decisions of other courts interpreting Section 8, Article I, United States Constitution. POWER OF COURTS TO RENDER JUDGMENT; FORM AND EFFECT. The woman appealed, arguing the evidence was factually insufficient to support the finding there was no mutual intent to be married. See Owens v. Allstate Ins. (b) In any proceeding that involves the validity of a municipal ordinance or franchise, the municipality must be made a party and is entitled to be heard, and if the statute, ordinance, or franchise is alleged to be unconstitutional, the attorney general of the state must also be served with a copy of the proceeding and is entitled to be heard. Co., 981 S.W.2d 889 (Tex. App.Fort Worth 1978, no writ); Providence Lloyds Ins. As a constitutional family rights expert researcher and writer, Sherry helps parents and their attorneys see the possibilities in making constitutional arguments for parental rights as being in the childs best interests. 1999) (insureds motion to transfer erroneously granted); Southern County Mut. In American Genl Fire & Cas. and Laju Patel Beaumont, Texas civil litigation lawyers represented Defendant accused of paying kickbacks. oEN>-BZ=/c]-ZP4U3o>0!f$F = FQfB@DlClYthnA mML.;Emu =uT 37.002. Am., 845 S.W.2d 794, 801 (Tex. Sept. 1, 1987; Acts 1999, 76th Leg., ch. endobj The county where the contract was formed may also be a proper venue. Arbitration is not used very often in Texas family law cases. 1968). 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. The petition in the underlying suit was amended, however, and all references to alcohol were deleted. 31 Sherry does this through creating and teaching online digital courses, speaking, webinars, and workshops. 1, eff. Co. of Texas, 1998 Tex. DECLARATIONS RELATING TO LIABILITY FOR SALES AND USE TAXES OF ANOTHER STATE. County Mut. App.Houston [1st Dist.] Flexibility of Court in Awarding Fees. 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. When an issue has been litigated in the underlying case, when can it be re-litigated in the coverage dispute? A binding adjudication of the rights and status of litigants even though no consequential relief is awarded. Declaratory Judgment. 1998). App.Waco 1943, no writ); Superior Ins. 1978). Co. of N. Acts 1985, 69th Leg., ch. "A declaratory judgment is appropriate only when there is a justiciable controversy about the rights and status of the parties, and the declaration would resolve the controversy." (Kinnard v. Collin Co Bail Bond (2006) No. . denied) (failure to satisfy burden is not finding of proof of opposite). Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. Co. v. Watson, 876 S.W.2d 145, 149 (Tex. 37.004. 1993), cert. The Declaratory Judgment Act itself provides that a "declaration shall have the force and effect of a final judgment or decree," 28 U. S. C. 2201; eminent authority anticipated that declaratory judgments would be res judicata, E. Borchard, Declaratory Judgments 10-11 (2d ed. ); Rice v. Alamo Rent-A-Car, Inc., 987 S.W.2d 231 (Tex. Advisory opinions are prohibited by both the state and federal constitutions. In any proceeding under this chapter, the court may award costs and reasonable and necessary attorney's fees as are equitable and just. 37.011. Co. v. Carmichael, 1998 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. 1993). R. Civ. Sept. 1, 1985. Co. v. Fraiman, 514 S.W.2d 343, 346 (Tex. stream 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. <> Now you can hire experts to teach your court that you are asserting the protections of your parental rights[vii]. Co. v. Patriot Sec., Inc., 926 F.Supp. LEXIS 8494 (Tex. CIV. 8 0 obj The crop-dusting involved only one flight, but several passes during which herbicide was released, and during which wind direction and velocity varied. If not you can still use them to teach your attorney how to argue the motions. endstream endobj 141 0 obj <. Chapter 5 2 III. denied) (disallowing evidence of workers compensation payments to establish employment). In state court, an order to seal discovery requires that the parties jump through a number of additional hoops, but protective orders are still available. SUPPLEMENTAL RELIEF. Cty. ^9@VXB-'C(SOZ#jGT"1kfWj7i,9^'EJ Insrs v. American Home Assur. See Travelers Ins. SHORT TITLE, CONSTRUCTION, INTERPRETATION. An action or proceeding is not open to objection on the ground that a declaratory judgment or decree is prayed for. (b) This chapter is remedial; its purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations; and it is to be liberally construed and administered. The Historic Hamm Building (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. LEXIS 7982 (Tex. App.Fort Worth 1998, no pet.) denied); Ranger Ins. The collision was also in Hidalgo County, as was the liability suit. (whether driver qualified as an insured); John Deere Ins. (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. Also, seeking title by declaratory judgment is improper. 830-252-5100. Where Can I Get More Information and Training? 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. See Bituminous Cas. 1994), the court reviewed abstention doctrine in relation to declaratory judgment actions. The court then noted the special concerns applicable in declaratory actions. If any facts within the scope of coverage are determined, however, an insurer is required to defend. Any such declaration shall have the force and effect of a final judgment or decree and shall be reviewable as such. Rule 57. A court may not, however, refuse to exercise jurisdiction on the basis of a whim or personal disinclination. See, e.g., St. Paul Ins. 37.005. Unless the lease agreement says otherwise, the landlord must give the tenant at least 3 days to move out. SUBJECT MATTER OF RELIEF. In this chapter, "person" means an individual, partnership, joint-stock company, unincorporated association or society, or municipal or other corporation of any character. 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. Sec.A37.003.AAPOWER OF COURTS TO RENDER JUDGMENT; FORM AND EFFECT. We are posting this information just for educational purposes and not as a practice of law. 1995). 10 0 obj 1445(c) and federal abstention principles. Co. v. Cowan, 945 S.W.2d 819 (Tex. Co v. App.Dallas 1992, writ denied); U.S. Fire Ins. Sept. 1, 1985. 6#7a |mp}v"VY2I The court may refuse to render or enter a declaratory judgment or decree if the judgment or decree would not terminate the uncertainty or controversy giving rise to the proceeding. Co. v. Bailey, 133 F.3d 363, 368 (5th Cir. Co. v. Childress, 650 S.W.2d 770, 775-76 (Tex. 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. The Fifth Circuit reviewed abstention under the Burford and Colorado River doctrines, and concluded that neither was applicable. Ins. 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. See Hartford Ins. Group, Inc., 946 F.Supp. 1973) (court had no authority to order declaration against insurer in response to insureds motion for summary judgment on insurers claims); Indigo Oil, Inc. v. Wiser Oil Co., 1998 TEX. If no facts within the scope of coverage are alleged, an insurer is not required to defend. denied). Allstate Ins. See, e.g., Cook v. Ohio Cas. In addition, in many instances, a protective order will allow broad discovery, without fear of disclosure to the plaintiff. See Scottsdale Ins. However, each party must still plead for relief and carry its own burden of proof. 504-526-4350, 408 St. Peter Street, Suite 510 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. denied). On the other hand, if the plaintiff engaged in fraud or misconduct designed to avoid service, the court may be able to set aside a default . See Southern County Mut. Ins. New Orleans, LA 70130 (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. For our purposes, "litigation" refers to the filing and prosecuting of a real estate-related lawsuit, or defense against one, in the Texas county civil courts at law or the civil district courts. The abundance of case law allowing extrinsic evidence, however, suggests that the exception will continue. The El Paso Court of Appeals recently considered Eggemeyer v. Hughes, a case involving a disputed boundary line. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. There was also a declaration that the insurer owed neither defense nor indemnity to the wife. Sec. Suite 300 (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., 996 S.W.2d 207 (Tex. Co. v. Louisiana Farm Bureau Fedn, Inc., 996 F.2d 774, 778 (5th Cir. App.Austin 1998, pet. 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. He then filed a lawsuit seeking a declaratory judgment that Allstate owed him the difference between the settlement . Co. v. Am. SUBJECT MATTER OF RELIEF. Civ. Civ. The answer may depend upon whether the insurer has defended or simply denied coverage, and the extent to which the issue is actually material to, and fully litigated in, the underlying dispute. denied). Ins. endobj Co., 542 S.W.2d 429 (Tex. Burch involved a declaration that the insurer owed defense, and also owed indemnity for the insureds liability for his wifes torts. 3. 37.007. E.g., Wilton v. Seven Falls Co., 515 U.S. 277 (1995); American States Ins. Tex. [vii] Texas Code of Judicial Conduct Texas Code of Judicial Conduct Canon B 3 (c) (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; All of our books are available in electronic form in the membership site. endobj 1364 (N.D. Tex. [i]Since the state requires that you file some sort of lawsuit to protect your rights and time to your child and your property, and most state statutes authorize the use of state power to affect these rights, you should consider using declaratory judgment to establish what process and procedure your court will use to protect you and your child from the harm of a court completely ignoring process and procedure required for fundamental rights. In Natl Union Fire Ins. 1271 (N.D. Tex. final decision in the case instead of a judge. One reason proffered is the possibility of inconsistent outcomes. Co., 579 S.W.2d 523 (Tex. (a) 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. This information is not a substitute for an attorney. FAM. [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. Const. A declaratory judgment must be based on an actual controversy, and cannot be merely advisory. Ins. 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. 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. Fam. The courts have recognized an exception when the liability insurance is statutorily required, and arguably for the benefit of the claimant, such as compulsory auto insurance or workers compensation. Acts 2007, 80th Leg., R.S., Ch. No. Volumes are organized by broad practice area and are generally sold individually, since few practitioners have need for all of them. Co., 767 F.Supp. Therefore, the claimants should not be necessary or indispensable parties, prior to the settlement or judgment. 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. 4 0 obj 1996). 1998), overruled on other grounds, State Farm Fire & Cas. Admiral Ins. Ins. 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. Tuesday, February 28, 2023. 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.. 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. The award is subject to reversal only if it is arbitrary and unreasonable. The Act provides you with a mechanism to get a ruling from the court before you are dragged through costly litigation. 7 0 obj We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. Background This case involves a dispute over a . Co. v. Ward, 107 S.W.3d 820 (Tex. All Rights Reserved. Why File a Declaratory Judgment in State Court? See United Services Life Ins. Austin, TX 78746 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. 0 Estates Construction Lane-Jones v. Estate of Not Reported in S.W.3d Houston (14th Dist.) Co. of Texas v. Erskine, 169 S.W.2d 731 (Tex. [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. 1991), affd in part, 961 F.2d 213 (5th Cir. The declaratory judgment action allows relief, even where another remedy exists. 2201. Twenty-Fifth Floor - Plaza of the Americas. 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. Rule 56(c). 1994). The claims involved crop-dusting, which allegedly damaged abutting fields because of herbicide drift. For years, Texas courts concluded that a declaration of indemnity was premature, until the underlying suit was resolved. C.M.W., 53 S.W.3d 877 (Tex. Rule 57, FED. (a) In a case of actual controversy within its jurisdiction, except with respect to Federal taxes . Tex. 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. at 313. You may not reproduce or sell this material or copy it into other training without express permission from Ron or Sherry Palmer in writing. at 1280 (insurer not precluded from relitigating course and scope of employment). Cf. P., specifically provides, with regard to joinder of third parties, that This rule shall not be applied, in tort cases, so as to permit the joinder of a liability or indemnity insurance company, unless such company is by statute or contract liable to the person injured or damaged. Most policies include a no action provision that provides that a third partys right of action against the insured does not arise until there is a settlement, to which the insurer has agreed, or a judgment against the insured. Foust v. Ranger Ins. Co. v. Taylor, 706 S.W.2d 352 (Tex. <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 12 0 R/Group<>/Tabs/S/StructParents 1>> C.M.W., 53 S.W.3d 877 (Tex. The most common exception for extrinsic evidence is when the pleadings simply do not assert facts that would determine coverage. <> 45 (N.D. Tex. . [Read opinion here.] 1993). 713-403-8210, 601 Poydras Nevertheless, some courts have concluded that declaratory relief is inappropriate where another cause of action is fully mature and provides an appropriate remedy at law. The court noted that the Griffin exception did not apply, but that a justiciable controversy existed, as the judgment clarified the rights of the parties under the contract; especially because the policy includes a provision under which Ranger could be relieved of its duty to defend by tendering its limits. Co. v. Bailey, 133 F.3d 363, 368 (5th Cir. "CI@ { cvO(|t4X & at 68. In Chiriboga v. State Farm Mut. Co., 387 S.W.2d 22, 25 (Tex. 1, eff. Co. v. Merchants Fast Motor Lines, Inc., 939 S.W.2d 139 (Tex. Step 1: Written Notice to Vacate. 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. App.Texarkana 1967, no writ) (auto excluded); International Serv. Tex. Bonham State Bank v. Beadle, 907 S.W.2d 465 (Tex. P. 301; Logan v. Mullis, 686 S.W.2d 605, 609 (Tex . 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. Sherrys teachings are unique and cutting edge to the family law industry developed by her and her husband. . 925 S.W.2d at 714. 97 (E.D. V 8). The existence of another adequate remedy does not preclude a declaratory judgment that is otherwise appropriate. See, e.g., State Farm Fire & Cas. 2001) (when lease obtained); Guaranty Natl Ins. 1998). Co. v. Deering Mgmt. 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. 189 0 obj <>stream 7531-7541. 8. See Murray, 437 S.W.2d 264 (Tex. & Rem. A future interest in a potential judgment has been held insufficient to allow intervention. 12 0 obj The district court dismissed the declaratory action on the defendants motion based on 28 U.S.C. 1996). <>>> The focus is on the factual allegations that show the origin of damages, rather than the legal theories alleged. R. Civ. Civ. (a) A person interested under a deed, will, written contract, or other writings constituting a contract or whose rights, status, or other legal relations are affected by a statute, municipal ordinance, contract, or franchise may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract, or franchise and obtain a declaration of rights, status, or other legal relations thereunder. DECLARATORY JUDGMENTS 37.001. App.Fort Worth 2000, no pet.). The order, once it has been reduced to judgment (under Pa. R.A.P.
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