Ulrich v. Berton
Ulrich v. Berton
Opinion of the Court
Lucien Ulrich appeals judgments in favor of Paul Berton and International Tele-Coin Company, Inc. [ITC], following a non-jury trial. Monique Ulrich appeals the judgment in favor of ITC.
In his complaint against Lucien Ulrich, ITC, and others, Berton requested a jury trial. ITC filed a cross-claim against Lucien and Monique Ulrich. Berton and ITC en
We reverse the judgments against Lucien Ulrich on Berton’s claim and ITC’s cross-claim and remand for a jury trial on damages. The record does not disclose that Ulrich consented to a non-jury trial following Berton’s demand for jury trial. “A demand for trial by jury may not be withdrawn without the consent of the parties.” Fla.R.Civ.P. 1.430(d); Curbelo v. Ullman, 571 So.2d 443, 444 (Fla. 1990); Barge v. Simeton, 460 So.2d 939 (Fla. 4th DCA 1984); Jayre Inc. v. Wachovia Bank & Trust Co., 420 So.2d 937 (Fla. 3d DCA 1982). As to Ulrich’s second issue on appeal, we find no abuse of discretion in the trial court’s denial of his pro se continuance motion. See Rodell v. Gallagher, 583 So.2d 768 (Fla. 3d DCA 1991).
We reverse the judgment entered against Monique Ulrich on ITC’s cross-claim. Because Monique did not consent to the withdrawal of the jury trial demand, she is entitled to a new trial. Although the trial court noted Monique’s failure to appear for trial, it did not enter a default against her. Accordingly, she is entitled to a new trial on all issues. See Barth ¶. Florida State Constructors Serv., Inc., 327 So.2d 13 (Fla. 1976).
Reversed and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.