Employee Benefit Claims, Inc. v. Diaz

Florida District Courts of Appeal
Employee Benefit Claims, Inc. v. Diaz, 478 So. 2d 379 (1985)
10 Fla. L. Weekly 2350; 1985 Fla. App. LEXIS 16296
Bart, Baskin, Hub, Schwartz

Employee Benefit Claims, Inc. v. Diaz

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.

Reference

Full Case Name
EMPLOYEE BENEFIT CLAIMS, INC. v. Antonio DIAZ and Marta Diaz
Cited By
2 cases
Status
Published