Florida District Courts of Appeal, 1985

Employee Benefit Claims, Inc. v. Diaz

Florida District Courts of Appeal · Decided October 15, 1985 · Bart, Baskin, Hub, Schwartz

478 So. 2d 379; 10 Fla. L. Weekly 2350; 1985 Fla. App. LEXIS 16296 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Szucs v. QUALICO DEVELOPMENT, INC. (Fla. Dist. Ct. App. 2005)
Curbelo v. Ullman (Fla. 1990)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Employee Benefit Claims, Inc. appeals an order denying its motion for relief from judgment and affirming the final judgment entered following default judgment and non-jury trial on the issue of damages. It is well settled that a demand for jury trial entitles the demanding party to a jury determination as to damages, even after entry of a default. Air Unlimited, Inc. v. Volare Air, Inc., 428 So.2d 294 (Fla. 3d DCA 1983); Ansel v. Kizer, 428 So.2d 671 (Fla. 2d DCA 1982); Saunders v. Saunders, 346 So.2d 1057 (Fla. 1st DCA 1977). Accordingly, we hold that the trial court erred in conducting a non-jury trial, and we remand for a jury trial solely on the issue of damages. We find no merit in the other points raised.

Affirmed in part; reversed in part; remanded with directions.

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