RANDOLPH C. TUCKER AND LAURIE A. YONGE, PETITIONERS,
v.
JOHN S. RUDNIANYN AND WALTER R. BERMAN, RESPONDENTS
RANDOLPH C. TUCKER AND LAURIE A. YONGE, PETITIONERS,
JOHN S. RUDNIANYN AND WALTER R. BERMAN, RESPONDENTS
517 So. 2d 785
Florida District Court of Appeal, Fifth District (1988)
Caution
Cited by 4 cases
Opinion of the Court
DAUKSCH, Judge.
Petitioners seek a writ of certiorari to the circuit court to quash an order denying a jury trial. If the order is error it can be corrected by appeal if petitioner loses the non-jury trial. See Finney v. Wonder Development Company, 392 So. 2d 583 (Fla. 5th DCA 1980). The failure to grant a right of jury trial is not an order that cannot be completely remedied by plenary appeal. See Laing v. Fidelity Broadcasting Corp., 436 So. 2d 959 (Fla. 5th DCA 1983); Kies v. Florida Ins. Guar. Ass’n., Inc., 435 So. 2d 410 (Fla. 5th DCA 1983).
CERTIORARI DENIED.
COBB and COWART, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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AIG Life Ins. Co. v. Boroughf, 588 So. 2d 342 (Fla. 4th DCA 1991)…PER CURIAM. Denied. Lindsey v. Sherman, 402 So. 2d 1349 (Fla. 4th DCA 1981). Accord Fenner v. Jack L. Butcher, Inc., 560 So. 2d 430 (Fla. 5th DCA 1990); Tucker v. Rudnianyn, 517 So. 2d 785 (Fla. 5th DCA 1988). Contra Johnson Engineering, Inc. v. Pate, 563 So. 2d 1122 (Fla. 2d DCA 1990); Quality Coffee Service, Inc. v. Tallahassee Coca-Cola Bottling Co., 474 So. 2d 427 (Fla. 1st DCA 1985); Spring v. Ronel Refining, Inc., 421 So. 2d 46…
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Johnson Eng'g, Inc. v. Pate, 563 So. 2d 1122 (Fla. 2d DCA 1990)…ice, Inc. v. Tallahassee Coca-Cola Bottling Co., 474 So. 2d 427 (Fla. 1st DCA 1985); 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). But see Tucker v. Rudnianyn, 517 So. 2d 785 (Fla. 5th DCA 1988); Lindsey v. Sherman, 402 So. 2d 1349 (Fla. 4th DCA 1981) (both holding that certiorari does not lie to review orders denying demand for jury trial). Cf. State, Department of Natural Resources v. Estech, Inc., 515 So. 2d 758, 759…
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Fenner v. Jack L. Butcher, Inc., 560 So. 2d 430 (Fla. 5th DCA 1990)…tioners’ right to jury trial constitutes a departure from the essential requirements of law warranting such review. Based on controlling precedent from this court, the instant panel must answer that question in the negative. See Tucker v. Rudnianyn, 517 So. 2d 785 (Fla. 5th DCA 1988). In Tucker we held that failure to grant a jury trial is not an order that cannot be completely remedied by a plenary appeal. Our opinion in Tucker conflicts with the view of three other appellate courts, the First, Second, and…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Harlow J. Kies and Doris Kies v. Fla. Ins. Guar. Ass'n, Inc., 435 So. 2d 410 (Fla. 5th DCA 1983)
- Finney v. Wonder Dev. Corp., 392 So. 2d 583 (Fla. 5th DCA 1980)
- Laing v. Fid. Broad. Corp., 436 So. 2d 959 (Fla. 5th DCA 1983)