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Florida District Courts of Appeal, 1984

Kirsch Holding Co. v. G.C.L. Development Corp.

Kirsch Holding Co. v. G.C.L. Development Corp.
Florida District Courts of Appeal · Decided July 11, 1984 · Dell, Downey, Glickstein
453 So. 2d 453; 1984 Fla. App. LEXIS 14418 (Southern Reporter, Second Series)

Kirsch Holding Co. v. G.C.L. Development Corp.

Concurring Opinion

DELL, Judge,

concurring:

I concur with the majority’s denial of certiorari because the petitioner has an adequate remedy by appeal. However, in my opinion, the trial judge’s order directing *454this matter to be tried by a special master constitutes a denial of petitioner’s right to trial by jury, and therefore is a departure from the essential requirements of law. See, Spring v. Ronel Refining, Inc., 421 So.2d 46 (Fla. 3d DCA 1982).

Opinion of the Court

PER CURIAM.

Certiorari denied. Lindsey v. Sherman, 402 So.2d 1349 (Fla. 4th DCA 1981).

DOWNEY and GLICKSTEIN, JJ., concur. DELL, J. concurs with opinion.

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