Florida District Courts of Appeal, 1985

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)

Cases that cite this one

1 later published case cites this decision.

Ins. Co. v. Julien P. Benjamin Equip. Co. (Fla. Dist. Ct. App. 1985)

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.

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.