CHRISTIANIA HOLDING, INC., A DELAWARE CORPORATION, AND CHRISTIANIA GENERAL INSURANCE CORPORATION, A NEW YORK CORPORATION, PETITIONERS,
v.
THOMAS KOALICK, MARIA E. LOWER LAVERGNE AND SIGNET STAR REINSURANCE COMPANY, A DELAWARE CORPORATION, RESPONDENTS
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Florida appellate court granted certiorari and reversed the trial court's denial of a jury trial request, holding that the constitutional right to jury trial should be resolved in favor of the requesting party when no injustice or unreasonable inconvenience results.
A party's untimely request for jury trial must be granted when it imposes no injustice on adversaries and no unreasonable inconvenience to the court, as the constitutional right to jury trial is fundamental.
[1] A trial court's denial of a timely or untimely jury trial request must be reversed when the party seeking jury trial demonstrates that granting the request will impose no…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“questions as to the right to a jury trial should be resolved, if at all possible, in favor of the party seeking the jury trial, for that right is fundamentally guaranteed by the U.S. and Florida Constitutions.”
Court stating the governing principle for resolving jury trial disputes
Christiania Holding and Christiania General Insurance filed suit against Koalick, Lower Lavergne, and Signet Star Reinsurance for breach of loyalty, m…
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SHEVIN, Judge.
We grant the petition for certiorari review, finding that the court departed from the essential requirements of law in denying the motion to set the cause for jury trial. See Spring v. Ronel Refining Inc., 421 So. 2d 46 (Fla. 3d DCA 1982). Whenever possible, “[questions as to the right to a jury trial should be resolved, if at all possible, in favor of the party seeking the jury trial, for that right is fundamentally guaranteed by the U.S. and Florida Constitutions.” Hollywood, Inc. v. City of Hollywood, 321 So. 2d 65, 71 (Fla.1975). In this case, petitioners’ action for breach of loyalty, misappropriation of trade secrets, tortious interference with business relationships and conspiracy to tortiously interfere were properly triable before a jury.
Moreover, despite the untimely request for a jury trial, petitioners demonstrated that the jury trial “will impose no injustice on [their] adversaries] and further will not unreasonably inconvenience the court in the performance of its duties.” Turner v. Lorber, 360 So. 2d 101, 103 (Fla. 3d DCA 1978).
We note that the cause was calendared for jury trial three months in advance of trial date. In fact, despite denying the jury trial request, the case remained on the docket for the same date. We, therefore, grant certiorari and quash the order denying the motion for jury trial.
Certiorari granted.
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The $1 v. Tamiami Cent. Plaza, Inc., 724 So. 2d 1272 (Fla. 3d DCA 1999)…PER CURIAM. We grant the petition for certiorari review finding that the trial court departed from the essential requirements of law by denying the petitioner’s motion to set the cause for jury [*1273] trial. Christiania Holding, Inc. v. Koalick, 695 So. 2d 491 (Fla. 3d DCA 1997). Petition granted.…
Authorities Cited
- Spring v. Ronel Ref., Inc., 421 So. 2d 46 (Fla. 3d DCA 1982)
- Hollywood, Inc. v. City OF Hollywood, 321 So. 2d 65 (Fla. 1975)
- Turner v. Lorber, 360 So. 2d 101 (Fla. 3d DCA 1978)