Florida District Courts of Appeal, 1985

David v. Peninsular Building Supply Co.

David v. Peninsular Building Supply Co.
Florida District Courts of Appeal · Decided December 27, 1985 · Frank, Grimes, Hall
481 So. 2d 511; 11 Fla. L. Weekly 70; 1985 Fla. App. LEXIS 6018 (Southern Reporter, Second Series)

David v. Peninsular Building Supply Co.

Opinion of the Court

PER CURIAM.

The most important question argued on this appeal is whether appellant stipulated for the case to be tried nonjury. However, despite an apparent misunderstanding on the part of the judge, our examination of the record reflects that appellant never made demand for a jury trial on his defenses to the lien foreclosure or on his counterclaim. Consequently, appellant’s reliance upon Hightower v. Bigoney, 156 So.2d 501 (Fla. 1963), is misplaced.

Affirmed.

GRIMES, A.C.J., and FRANK and HALL, JJ., concur.

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