JAMES C. DAVID D/B/A DAVID INDUSTRIES, APPELLANT,
v.
PENINSULAR BUILDING SUPPLY CO., A FLORIDA CORPORATION, APPELLEE
JAMES C. DAVID D/B/A DAVID INDUSTRIES, APPELLANT,
PENINSULAR BUILDING SUPPLY CO., A FLORIDA CORPORATION, APPELLEE
481 So. 2d 511
Florida District Court of Appeal, Second District (1985)
Negative Treatment
Cited by 8 cases
Opinion of the Court
PER CURIAM.
The most important question argued on this appeal is whether appellant stipulated for the case to be tried nonjury. However, despite an apparent misunderstanding on the part of the judge, our examination of the record reflects that appellant never made demand for a jury trial on his defenses to the lien foreclosure or on his counterclaim. Consequently, appellant’s reliance upon Hightower v. Bigoney, 156 So. 2d 501 (Fla.1963), is misplaced.
Affirmed.
GRIMES, A.C.J., and FRANK and HALL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Sarosh S. Dhondy v. Schimpeler, 528 So. 2d 484 (Fla. 3d DCA 1988)…court erred in permitting defendant's sole expert to testify to amount of fee incurred by way of affidavit where plaintiff objected to lack of opportunity to cross-examine expert). Cf. Insurance Co. of North America v. Julien P. Benjamin Equip. Co., 481 So. 2d 511 (Fla. 1st DCA 1985) (trial court properly awarded attorney’s fees on basis of affidavit by expert witnesses where opposing party did not object to use of affidavits). In this case, Dhondy repeatedly objected to the lack of opportunity for effective…
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Hatcher v. B.K. Roberts, 538 So. 2d 1300 (Fla. 1st DCA 1989)…ccepting appellee’s explanation to that effect. This court, moreover, has awarded attorney’s fees based solely upon affidavits in circumstances revealing that opposing counsel did not object. Insurance Co. of N. Am. v. Julien P. Benjamin Equip. Co., 481 So. 2d 511 (Fla. 1st DCA 1985). In the case at bar, appellant similarly made no timely objection to appellee’s testimony at the fee hearing. Sworn testimony at a hearing, subject as it is to cross-examination, is at least as reliable as an affidavit. Therefore…
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Devex, Inc. v. Liberty Fed. Sav. & Loan Ass'n, 551 So. 2d 606 (Fla. 5th DCA 1989)…PETERSON, E.W., Jr., Associate Judge, concur. . We conclude that the objection, if any, to awarding attorney’s fees based solely on affidavits has been waived by Devex. See Insurance Company of North America v. Julien P. Benjamin Equipment Company, 481 So. 2d 511 (Fla. 1st DCA 1985).…
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- Hightower v. Bigoney, 156 So. 2d 501 (Fla. 1963)