FLOSSIE L. GLADFELTER AND KENNETH GLADFELTER, HER HUSBAND, AND FRANCES K. GLADFELTER, A MINOR, BY HER FATHER AND NEXT FRIEND, KENNETH GLADFELTER, PETITIONERS,
v.
ARTHUR H. LOISELLE, RESPONDENT

Fla. | 1964-07-01
No. 33407
DREW, C. J., and THOMAS, ROBERTS, THORNAL and ERVIN, JJ., concur.
165 So. 2d 767 Florida Supreme Court (1964) Positive Treatment
Cited by 7 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

On petitioner’s request, writ of certiorari was granted and oral argument authorized pursuant to Article V, Section 4(2) of the Constitution of Florida, F.S.A. because of a certificate of the District Court of Appeal, Third District, that their decision in Loiselle v. Gladfelter, 160 So.2d 740 “passes upon a question of great public interest.” After further consideration we hold that the opinion of the District Court, supra, properly disposes of the questions of law presented and is approved by this court.

Accordingly the writ of certiorari heretofore entered is discharged.

DREW, C. J., and THOMAS, ROBERTS, THORNAL and ERVIN, JJ., concur.

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  • Arnaldo Curbelo, M.D. v. Ullman, 571 So. 2d 443 (Fla. 1990)
    …ff, the defendant is still entitled to a jury trial on the issue of damages even though a default has been entered against the defendant for failure to answer or otherwise plead. Loiselle v. Gladfelter, 160 So. 2d 740 (Fla.3d DCA), cert. discharged, 165 So. 2d 767 (Fla.1964). Moreover, a demand for trial by jury may not be withdrawn “without the consent of the parties.” Fla.R.Civ.P. 1.430(d). The parties’ consent to waiver must be manifested by affirmative action such as “a specific waiver in writing or by an…
  • Jayre Inc. & Hilliard Herzog v. Wachovia Bank & Tr. Co., N.A., 420 So. 2d 937 (Fla. 3d DCA 1982)
    …sent consent of the defendant, even when a default judgment has been entered against the defendant. Schuppener v. Stein, 374 So. 2d 555 (Fla. 4th DCA 1979); Loiselle v. Gladfelter, 160 So. 2d 740 (Fla. 3rd DCA 1964), affirmed; Gladfelter v. Loiselle 165 So. 2d 767 (Fla.1964). Fla.R.Civ.P. 1.430(d). In oral argument counsel touched on the question of whether treble damages could be recovered in the trial court under Section 812.035(7) without proof of a prior criminal conviction. This opinion does not address…
  • Anne Ansel and Alvin Robins v. Kizer, 428 So. 2d 671 (Fla. 2d DCA 1982)
    …led to a jury trial on the issue of damages even though a default has been previously entered against the defendant for failure to answer or otherwise plead. Fla.R.Civ.P. 1.430; Loiselle v. Gladfelter, 160 So. 2d 740 (Fla. 3d DCA), cert. discharged, 165 So. 2d 767 (Fla.1964); Bader Bros. Van Lines, Inc. v. Jay, 183 So. 2d 867 (Fla. 2d DCA 1966); Saunders v. Saunders, 346 So. 2d 1057 (Fla. 1st DCA 1977). Despite appellees’ contention on appeal that their damages were liquidated, there is nothing in the record…

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