KREISER CONSTRUCTION, INC., AND MICHAEL SCHNEIDER, APPELLANTS,
v.
HARRY M. TRAFFORD, JR., AND EDITH J. TRAFFORD, HIS WIFE, APPELLEES
KREISER CONSTRUCTION, INC., AND MICHAEL SCHNEIDER, APPELLANTS,
HARRY M. TRAFFORD, JR., AND EDITH J. TRAFFORD, HIS WIFE, APPELLEES
699 So. 2d 251
Florida District Court of Appeal, Third District (1997)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
We find no error in the trial court striking pleadings for failure of a party to secure new counsel after original counsel withdrew. Commonwealth Fed. Sav. & Loan Ass’n v. Tubero, 569 So. 2d 1271 (Fla.1990).
We do find error (which was conceded by the appellee) in the trial court, non-jury, fixing the amount of damages after a default was entered and a jury trial had been demanded. See Fla. R. Civ. P. 1.430; Curbelo v. Ullman, 571 So. 2d 443 (Fla.1990); Ulrich v. Berton, 661 So. 2d 376 (Fla. 3d DCA 1995). Therefore, the final judgment is reversed and the matter is returned to the trial court for a jury trial on the amount of damages with proper notice accorded to all parties.
Reversed and remanded with directions.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Munoz v. Pedro Alvarez, M.D., 774 So. 2d 801 (Fla. 3d DCA 2000)…, Chief Judge. The plaintiffs appeal from an order dismissing their malpractice case because of a supposed violation of a court order to secure replacement counsel or give notice of their desire not to do so. See Kreiser Constr., Inc. v. Trafford, 699 So. 2d 251 (Fla. 3d DCA 1997). Because the order does not, as required, state that the claimed noncompliance was willful or deliberate, see Walden v. Adekola, 773 So. 2d 1218 (Fla. 3d DCA 2000); Visoly v. Kluger, Peretz, Kaplan & Berlin, P.A., 707 So. 2d 427 (…
-
Wolfe v. Steven A. Smilack, P.A., 100 So. 3d 166 (Fla. 4th DCA 2012)…Bell Tel. & Tel. Co., 448 So. 2d 72 (Fla. 3d DCA 1984). The trial court erred in conducting a non- [*167] jury trial even after striking appellants’ pleadings because the plaintiff sought un-liquidated damages. See Kreiser Constr., Inc. v. Trafford, 699 So. 2d 251, 252 (Fla. 3d DCA 1997); Landon v. Ralls, 661 So. 2d 361, 362 (Fla. 1st DCA 1995). “Even in a circumstance in which a default judgment is entered against the defendant on the issue of liability, if jury trial has been demanded by either party, the d…
Authorities Cited
- Commonwealth Fed. Sav. & Loan Ass'n v. Moshe Tubero, 569 So. 2d 1271 (Fla. 1990)
- Arnaldo Curbelo, M.D. v. Ullman, 571 So. 2d 443 (Fla. 1990)
- Lucien Ulrich and Monique Ulrich v. Berton, 661 So. 2d 376 (Fla. 3d DCA 1995)