STATE OF FLORIDA, APPELLANT,

v.

EDITH DARLEEN PETERSEN, APPELLEE

Citator

Cited By

• Lou Poller v. First Va. Mortg. & Real Est. Inv. Tr., 471 So. 2d 104 (Fla. 3d DCA 1985)
  …e a jury trial has been demanded, it can be waived only by affirmative act. Barth v. Florida State Constructors Service, Inc., 327 So. 2d 13 (Fla.1976); Cheek v. McGowan Electric Supply Co., 404 So. 2d 834 (Fla. 1st DCA 1981); Van Prooyen v. Maples, 403 So. 2d 509 (Fla. 5th DCA 1981). There is ample evidence in the record before us that Mrs. Poller affirmatively waived her jury trial right by the stipulation of her attorney on December 15, 1981. Since the time Mrs. Poller came into the litigation as an added…
• Adkins v. Winkler, 592 So. 2d 357 (Fla. 1st DCA 1992)
  …e party’s right is preserved inviolate and can only be waived by affirmative act, such as specific waiver in writing or announcement in open court. Powell v. Southern Bell Tel. & Tel. Co., 448 So. 2d 72, 74 (Fla. 3d DCA 1984); Van Prooyen v. Maples, 403 So. 2d 509, 510 (Fla. 5th DCA 1981). To demand a jury trial, Florida Rule of Civil Procedure 1.430(b) provides: Any party may demand a trial by jury of any issue triable of right by a jury by serving upon the other party a demand therefor in writing at any ti…
• Harlow J. Kies and Doris Kies v. Fla. Ins. Guar. Ass'n, Inc., 435 So. 2d 410 (Fla. 5th DCA 1983)
  …nstitutional right. Their right was not waived by acquiescence to a non-jury trial on the coverage issues raised by the cross-claim and counterclaim. Barth v. Florida State Constructors Service, Inc., 327 So. 2d 13 (Fla.1976); Van Prooyen v. Maples, 403 So. 2d 509 (Fla. 5th DCA 1981). Those issues were identical to the issue of coverage raised in FIGA’s affirmative defenses to the complaint and were legal issues determinable in a jury trial. The resolution of the cross-claim and counterclaim turned on facts w…

Authorities Cited

• State v. Benitez, 395 So. 2d 514 (Fla. 1981)