REMAX EAST REALTY, INC., A FLORIDA CORPORATION, RAYMOND V. GREGG AND BENGT WICKANDER, APPELLANTS,
v.
GOODCO PROPERTIES, A FLORIDA PARTNERSHIP, APPELLEE

Fla. 4th DCA | 1986-01-22
No. 85-844
DOWNEY and WALDEN, JJ., concur.
481 So. 2d 1281 Florida District Court of Appeal, Fourth District (1986) Positive Treatment
Cited by 4 cases
Topics
Waiver Of Jury Trial Right To Jury Trial

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Opinion of the Court
WESSEL, JOHN D., Associate Judge.

WESSEL, JOHN D., Associate Judge.

The appellants complain that the trial court denied them their right to a jury trial. We agree. The appellants were sued by their landlord for rent and demanded a jury trial. Prior to the trial of the ease the appellants motioned the court to continue the case, which was granted. Subsequently, the appellee landlord renoticed the case for a non-jury trial, which was set by the court. Prior to the trial the appellants again moved for a continuance and as part of the grounds claimed an entitlement to a jury trial. The court denied the motion for a continuance and proceeded to trial without a jury.

The appellants’ right to a jury trial remains inviolate, barring a waiver by some affirmative action by them. Barth v. Florida State Constructors, Inc., 327 So. 2d 13 (Fla.1976); Barge v. Simeton, 460 So. 2d 939 (Fla. 4th DCA 1984); see also Fla.R. Civ.P. 1.430(d). There is nothing in the record before this court which would indicate that the appellants did anything to divest themselves of their right to a jury trial.

REVERSED and REMANDED for a new trial.

DOWNEY and WALDEN, JJ., concur.

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Cited By

  • Fratcher v. State, 842 So. 2d 1044 (Fla. 4th DCA 2003)
    …ppellant the opportunity to either obtain new private counsel or, if he was indigent, court appointed counsel. A criminal defendant cannot be forced to represent himself where he does not knowingly and intelligently choose to do so. McCall v. State, 481 So. 2d 1281 (Fla. 1st DCA 1985). Reversed. GROSS and TAYLOR, JJ., concur.…
  • Baldwin SOD Farms, Inc. v. Corrigan, 746 So. 2d 1198 (Fla. 4th DCA 1999)
    …jury shall be secure to all and remain inviolate ...” Moffett does not contain an analysis as to whether, under Florida law, a tenant in an eviction case is entitled to a jury, trial. The same is true of Remax East Realty, Inc. v. Goodco Properties, 481 So. 2d 1281 (Fla. 4th DCA 1986), which held that absent a waiver of the right to a jury trial by some affirmative action by the tenants, they were entitled to a jury, trial when they were sued by their landlord for the rent. Under Florida law, whether one is e…

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