DONALD S. FREEDMAN, M. D., PETITIONER,
v.
ALEXANDER P. ROSIN, M. D., P. A., A CORPORATION, AND SOUTHERN BAPTIST HOSPITAL OF FLORIDA, INC., D/B/A BAPTIST MEDICAL CENTER, A FLORIDA CORPORATION NOT FOR PROFIT, RESPONDENTS
Explore caselaw by topic → Browse Essential Requirements Of Law cases and more on FLexlaw
PER CURIAM.
Freedman, by way of petition for writ of certiorari, seeks review of an order setting this action for a non-jury trial. We agree that the trial court departed from the essential requirements of law in refusing to set this cause for trial by jury on all issues. See Olin’s, Inc. v. Avis Rental Car System of Florida, 131 So. 2d 20 (Fla. 3rd DCA 1961); Pan American Bancshares v. Trask, 278 So. 2d 313 (Fla. 3rd DCA 1973); Padgett v. First Federal Savings and Loan Association of Santa Rosa County, 378 So. 2d 58 (Fla. 1st DCA 1979); Industries, Investments, and Agencies, Ltd. v. Panelfab International Corporation, 529 F. 2d 1203 (5th Cir. 1976).
Accordingly, petition for writ of certiorari is GRANTED, the order setting action for trial without jury is quashed, and this cause is remanded to the trial court for jury trial.
SHIVERS, SHAW and THOMPSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Spring v. Ronel Ref., Inc., 421 So. 2d 46 (Fla. 3d DCA 1982)…from settled principle threatens to prolong litigation needlessly. See 5 Moore’s Federal Practice, § 39.13. We exercise this constitutional power sparingly, and only in the interest of expediting justice in clear cases. See also Freedman v. Rosin, 394 So. 2d 241 (Fla. 1st DCA 1981). In the present case, the denial of the right to jury trial is more than the denial of a constitutional right; it is the denial of a fundamental right recognized prior to the adoption of a written constitution. The right to sele…
-
Quality Coffee Serv., Inc. v. Tallahassee Coca-Cola Bottling Co., 474 So. 2d 427 (Fla. 1st DCA 1985)…h DCA 1981), for this contention, but we decline to follow that decision because it is against the weight of authority on this issue. This court has clearly held that certiorari is the appropriate remedy for review of such orders, Freedman v. Rosin, 394 So. 2d 241 (Fla. 1st DCA 1981), and other courts have [*429] agreed. See Powell v. Southern Bell Telephone and Telegraph Co., 448 So. 2d 72 (Fla. 3d DCA 1984); Magram v. Raffel, 443 So. 2d 396 (Fla. 3d DCA 1984); Sarasota-Manatee Airport Authority v. Alderman,…
-
C.A. Hobbs, Jr. v. Fla. First Nat'l Bank of Jacksonville, 480 So. 2d 153 (Fla. 1st DCA 1985)…onally triable by a jury as a matter of right, which is protected by the clear mandate of the Florida Constitution,3 is a departure from the essential requirements of law warranting the issuance of a writ of common law certiorari. Freedman v. Rosin, 394 So. 2d 241 (Fla. 1st DCA 1981); Miller v. Rolfe, 97 So. 2d 132, 135 (Fla. 1st DCA 1957). Petitioners argue that their liability is predicated on their endorsement of the [*156] note, and is not related to the foreclosure of real property in which they had no…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Padgett v. First Fed. Sav. & Loan Ass'n OF Santa Rosa Cnty., 378 So. 2d 58 (Fla. 1st DCA 1979)
- Olin's, Inc. v. AVIS Rental CAR Sys. OF Fla., 131 So. 2d 20 (Fla. 3d DCA 1961)
- PAN Am. Bancshares, Inc. v. Trask, 278 So. 2d 313 (Fla. 3d DCA 1973)
- Industries v. Panelfab Int'l Corp., 529 F.2d 1203 (5th Cir. 1976)