David v. Peninsular Building Supply Co.

District Court of Appeal of Florida

David v. Peninsular Building Supply Co.

481 So. 2d 511, 11 Fla. L. Weekly 70, 1985 Fla. App. LEXIS 6018

CourtDistrict Court of Appeal of Florida

DecidedDecember 27, 1985

DocketNo. 84-1621

StatusPublished

Cited by1 cases

This text of 481 So. 2d 511 (David v. Peninsular Building Supply Co.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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David v. Peninsular Building Supply Co., 481 So. 2d 511, 11 Fla. L. Weekly 70, 1985 Fla. App. LEXIS 6018 (Fla. Ct. App. 1985).

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Opinion

PER CURIAM.

The most important question argued on this appeal is whether appellant stipulated for the case to be tried nonjury. However, despite an apparent misunderstanding on the part of the judge, our examination of the record reflects that appellant never made demand for a jury trial on his defenses to the lien foreclosure or on his counterclaim. Consequently, appellant’s reliance upon Hightower v. Bigoney, 156 So.2d 501 (Fla.1963), is misplaced.

Affirmed.

GRIMES, A.C.J., and FRANK and HALL, JJ., concur.

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PER CURIAM.

The most important question argued on this appeal is whether appellant stipulated for the case to be tried nonjury. However, despite an apparent misunderstanding on the part of the judge, our examination of the record reflects that appellant never made demand for a jury trial on his defenses to the lien foreclosure or on his counterclaim. Consequently, appellant’s reliance upon Hightower v. Bigoney, 156 So.2d 501 (Fla.1963), is misplaced.

Affirmed.

GRIMES, A.C.J., and FRANK and HALL, JJ., concur.

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481 So. 2d 511, 11 Fla. L. Weekly 70, 1985 Fla. App. LEXIS 6018, Counsel Stack Legal Research, https://law.counselstack.com/opinion/david-v-peninsular-building-supply-co-fladistctapp-1985.

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