Florida District Courts of Appeal, 1986

Remax East Realty, Inc. v. Goodco Properties

Florida District Courts of Appeal · Decided January 22, 1986 · Downey, John, Walden, Wessel

481 So. 2d 1281; 11 Fla. L. Weekly 239; 1986 Fla. App. LEXIS 6008 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Baldwin Sod Farms, Inc. v. Corrigan (Fla. Dist. Ct. App. 1999)

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

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.

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