R. C. LINDSEY, APPELLANT,
v.
WILLIAM C. SHERMAN, AS PROPERTY APPRAISER OF OKEECHOBEE COUNTY, ET AL., APPELLEES
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PER CURIAM.
Plaintiff R. C. Lindsey seeks review of an interlocutory order of the trial court striking his demand for jury trial in two consolidated cases. The Florida Rules of Appellate Procedure do not authorize an interlocutory appeal from such an order. See Florida Rule of Appellate Procedure 9.130. Nor should we treat the matter as a petition for writ of certiorari because, even if the order Lindsey seeks to have reviewed constitutes a departure from the essential requirements of law, such error can be rectified by plenary appeal pursuant to Florida Rule of Appellate Procedure 9.110. See, e. g., Siegel v. Abramowitz, 309 So. 2d 234 (Fla. 4th DCA 1975); Solitron Devices, Inc. v. Reiland, 311 So. 2d 729 (Fla. 4th DCA 1975); Santini Brothers, Inc. v. Grover, 338 So. 2d 79 (Fla. 4th DCA 1976); Federal Insurance Company v. Guterma, 379 So. 2d 1014 (Fla. 4th DCA 1980).
Accordingly, this appeal is dismissed.
DOWNEY, MOORE and GLICKSTEIN, JJ., concur.
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Citator
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Jaye v. Royal Saxon, Inc, 720 So. 2d 214 (Fla. 1998)…ourth District Court of Appeal to issue a writ of certiorari and review a trial court order striking her demand for a jury trial. The district court, relying on Bared & Co. v. McGuire, 670 So. 2d 153, 156 (Fla. 4th DCA 1996); and Lindsey v. Sherman, 402 So. 2d 1349, 1349 (Fla. 4th DCA 1981), held that it was without subject-matter jurisdiction to issue the writ and dismissed the petition. Jaye, 698 So. 2d at 941. The district court then certified conflict with the aforementioned cases. Id. Article V, section…
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Ronbeck Constr. Co., Inc. v. Savanna Club Corp. & Savanna Club Realty Inc., 592 So. 2d 344 (Fla. 4th DCA 1992)…order is not one of the limited classes of orders named in rule 9.130. We also think it clear from binding precedent of this court that we do not have jurisdiction to consider the jury trial issue on petition for certiorari. See Lindsey v. Sherman, 402 So. 2d 1349 (Fla. 4th DCA 1981). It is true that our Lindsey decision is in conflict with Hobbs v. Florida First National Bank, 480 So. 2d 153 (Fla. 1st DCA 1985); Valiante v. Allstate Insurance Company, 462 So. 2d 590 (Fla. 2d DCA 1985); and Spring v. Ronel Re…
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Spring v. Ronel Ref., Inc., 421 So. 2d 46 (Fla. 3d DCA 1982)…th directions to grant a jury trial on the petitioners’ counterclaim. . We recognize that our decision, as well as that of the First District in Freedman, supra, and the Second District in Sarasota-Manatee, supra, conflicts with Lindsey v. Sherman, 402 So. 2d 1349 (Fla. 4th DCA 1981).…
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- Humphrey v. Seminole Cnty. Court, 309 So. 2d 234 (Fla. 4th DCA 1975)
- Santini Bros., Inc. v. Grover, 338 So. 2d 79 (Fla. 4th DCA 1976)
- Solitron Devices, Inc. v. Reiland, 311 So. 2d 729 (Fla. 4th DCA 1975)
- Fed. Ins. Co. v. Guterma, 379 So. 2d 1014 (Fla. 4th DCA 1980)