Remax East Realty, Inc. v. Goodco Properties

Florida District Courts of Appeal
Remax East Realty, Inc. v. Goodco Properties, 481 So. 2d 1281 (1986)
11 Fla. L. Weekly 239; 1986 Fla. App. LEXIS 6008
Downey, John, Walden, Wessel

Remax East Realty, Inc. v. Goodco Properties

Opinion of the Court

WESSEL, JOHN D., Associate Judge.

The appellants complain that the trial court denied them their right to a jury trial. *1282We agree. The appellants were sued by their landlord for rent and demanded a jury trial. Prior to the trial of the ease the appellants motioned the court to continue the case, which was granted. Subsequently, the appellee landlord renoticed the case for a non-jury trial, which was set by the court. Prior to the trial the appellants again moved for a continuance and as part of the grounds claimed an entitlement to a jury trial. The court denied the motion for a continuance and proceeded to trial without a jury.

The appellants’ right to a jury trial remains inviolate, barring a waiver by some affirmative action by them. Barth v. Florida State Constructors, Inc., 327 So.2d 13 (Fla. 1976); Barge v. Simeton, 460 So.2d 939 (Fla. 4th DCA 1984); see also Fla.R. Civ.P. 1.430(d). There is nothing in the record before this court which would indicate that the appellants did anything to divest themselves of their right to a jury trial.

REVERSED and REMANDED for a new trial.

DOWNEY and WALDEN, JJ., concur.

Reference

Full Case Name
REMAX EAST REALTY, INC., a Florida corporation, Raymond V. Gregg and Bengt Wickander v. GOODCO PROPERTIES, a Florida partnership
Cited By
1 case
Status
Published