LEONARD JONES, PETITIONER, CROSS-RESPONDENT,

v.

LUDMAN CORPORATION, LIBERTY MUTUAL INSURANCE COMPANY AND THE FLORIDA INDUSTRIAL COMMISSION, AN ADMINISTRATIVE AGENCY, RESPONDENTS, CROSS-PETITIONERS

Citator

Cited By

• 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 Moreover, a demand for trial by jury may not be withdrawn “without the consent of the parties.”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…