EUGENE SCURIO AND EILEEN SCURIO, HIS WIFE, APPELLANTS,
v.
SEARS, ROEBUCK AND COMPANY, APPELLEE
EUGENE SCURIO AND EILEEN SCURIO, HIS WIFE, APPELLANTS,
SEARS, ROEBUCK AND COMPANY, APPELLEE
448 So. 2d 72
Florida District Court of Appeal, Third District (1984)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
Affirmed. See Habelow v. Travelers Insurance Co., 389 So. 2d 218 (Fla. 5th DCA 1980); Gellert v. Eastern Air Lines, 370 So. 2d 802 (Fla. 3d DCA 1979), cert. denied mem., 381 So. 2d 766 (Fla.1980); DeMarco v. Publix Super Markets, Inc., 360 So. 2d 134 (Fla. 3d DCA 1978), aff'd, 384 So. 2d 1253 (Fla.1980); Dowling v. Blue Cross of Florida, 338 So. 2d 88 (Fla. 1st DCA 1976).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Adkins v. Winkler, 592 So. 2d 357 (Fla. 1st DCA 1992)…he jury trial issue, once a party demands a trial by jury, the 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 servi…1 / 2
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Quality Coffee Serv., Inc. v. Tallahassee Coca-Cola Bottling Co., 474 So. 2d 427 (Fla. 1st DCA 1985)…ue. 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, 238 So. 2d 678 (Fla. 2d DCA 1970). Coke also contends that the trial court did not depart from the essential requirements of th…
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Wolfe v. Steven A. Smilack, P.A., 100 So. 3d 166 (Fla. 4th DCA 2012)…e. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla.1979). However, appellants’ demand for jury trial remained viable even after the pleading that contained it was stricken. See, e.g., Powell v. Southern Bell Tel. & Tel. Co., 448 So. 2d 72 (Fla. 3d DCA 1984). The trial court erred in conducting a non- [*167] jury trial even after striking appellants’ pleadings because the plaintiff sought un-liquidated damages. See Kreiser Constr., Inc. v. Trafford, 699 So. 2d 251, 252 (Fla. 3d DCA 19…
Authorities Cited
- DeMARCO v. Publix Super Mkts., Inc., 384 So. 2d 1253 (Fla. 1980)
- DeMARCO v. Publix Super Mkts., Inc., 360 So. 2d 134 (Fla. 3d DCA 1978)
- Gellert v. E. AIR Lines, Inc., 370 So. 2d 802 (Fla. 3d DCA 1979)
- Habelow v. Travelers Ins. Co., 389 So. 2d 218 (Fla. 5th DCA 1980)
- Dowling v. Blue Cross OF Fla., Inc., 338 So. 2d 88 (Fla. 1st DCA 1976)