SALVATORE JOSEPH VALIANTE, PETITIONER,
v.
ALLSTATE INSURANCE COMPANY, A FOREIGN CORPORATION, RESPONDENT
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The court held that a party seeking a declaratory judgment has a right to a jury trial on factual issues if the legal issues are decided in their favor.
Petitioner Vahante sought a declaratory judgment and payment of benefits under an insurance contract. The lower court struck Vahante's request for a j…
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OTT, Acting Chief Judge.
In this petition for writ of certiorari, the petitioner, Vahante, asks this court to quash an order of the lower court striking his request for a jury trial in an action for declaratory judgment. We grant the petition. See Spring v. Ronel Refining, Inc., 421 So. 2d 46 (Fla. 3d DCA 1982).
Vahante filed a complaint against Allstate seeking a declaratory judgment as to his rights and duties under a certain contract of personal injury protection insurance. Vahante further seeks payment of benefits pursuant to the contract. The complaint sets forth issues of law and fact. The lower court granted Allstate’s motion to strike Valiante’s demand for a jury trial.
Allstate now concedes that under section 86.071, Florida Statutes (1983), Vahante has a right to a jury trial on the factual issues should the legal questions presented in his complaint be decided in Valiante’s favor. See F.R.W.P., Inc. v. Home Insurance Co., 450 So. 2d 914 (Fla. 4th DCA 1984). See also Olin’s Inc. v. Avis Rental Car System of Florida, 131 So. 2d 20 (Fla. 3d DCA 1961).
We agree and, therefore, grant the petition and quash the order of the lower court striking petitioner’s demand for jury trial with directions to grant a jury trial on the factual issues presented by petitioner’s complaint should the legal issues be decided in his favor. Petition for writ of certiorari GRANTED.
CAMPBELL and FRANK, JJ., concur.
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Ronbeck Constr. Co., Inc. v. Savanna Club Corp. & Savanna Club Realty Inc., 592 So. 2d 344 (Fla. 4th DCA 1992)…n 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 Refining Inc., 421 So. 2d 46 (Fla. 3d DCA 1982) on the propriety of certiorari review of orders denying trial by jury. But we are stare decisis-bound to follow it. Therefore, limiting our review to the arbitr…
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Marshall v. Sprecher, 559 So. 2d 1280 (Fla. 2d DCA 1990)…o orders entered by the trial court, one setting the plaintiffs application for an injunction for a nonjury trial and the other denying the defendant’s request for jury trial, are challenged. We have jurisdiction. Valiante v. Allstate Insurance Co., 462 So. 2d 590 (Fla. 2d DCA 1985); Spring v. Ronel Refining, Inc., 421 So. 2d 46 (Fla. 3d DCA 1982). The defendant filed a demand, for jury trial on all issues triable by a jury. The plaintiff filed a motion to set his entitlement to an injunction for nonjury tr…
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In re The Guardianship OF Catherine S. Medley v. Se. Bank, N.A., 587 So. 2d 619 (Fla. 2d DCA 1991)…ners seek review of the circuit court’s order granting respondent’s motion to strike petitioners’ request for a jury trial. This court has jurisdiction to review the circuit court’s order by way of certiorari. See Valiante v. Allstate Insurance Co., 462 So. 2d 590 (Fla. 2d DCA 1985); Spring v. Ronel Refining Co., Inc., 421 So. 2d 46 (Fla. 3d DCA 1982). Because the circuit court departed from the essential requirements of law in denying petitioners the right to jury trial, we grant the writ. This is the secon…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Spring v. Ronel Ref., Inc., 421 So. 2d 46 (Fla. 3d DCA 1982)
- Olin's, Inc. v. AVIS Rental CAR Sys. OF Fla., 131 So. 2d 20 (Fla. 3d DCA 1961)
- F.R.W.P., Inc. v. The Home Ins. Co., 450 So. 2d 914 (Fla. 4th DCA 1984)