McGoey v. Sun Tobacco, Inc.

District Court of Appeal of Florida

McGoey v. Sun Tobacco, Inc.

941 So. 2d 474, 2006 Fla. App. LEXIS 18275, 31 Fla. L. Weekly Fed. D 2746

District Court of Appeal of Florida·Decided November 1, 2006·No. No. 3D06-353·Published

Opinion

CORTINAS, Judge.

This is an appeal of final judgment after a non-jury trial. We affirm the trial court’s granting of appellee’s motion to strike appellant’s demand for a jury trial and, instead, proceed to a bench trial. Where, as here, the right or remedy is equitable in nature, there is no right to a jury trial. Robbins v. Section 3 Prop. Corp., 609 So.2d 670, 671 (Fla. 3d DCA 1992) (citations omitted), approved, 632 So.2d 596 (Fla.1993).

Affirmed.

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CORTINAS, Judge.

This is an appeal of final judgment after a non-jury trial. We affirm the trial court’s granting of appellee’s motion to strike appellant’s demand for a jury trial and, instead, proceed to a bench trial. Where, as here, the right or remedy is equitable in nature, there is no right to a jury trial. Robbins v. Section 3 Prop. Corp., 609 So.2d 670, 671 (Fla. 3d DCA 1992) (citations omitted), approved, 632 So.2d 596 (Fla.1993).

Affirmed.

McGoey v. Sun Tobacco, Inc., 941 So. 2d 474, 2006 Fla. App. LEXIS 18275, 31 Fla. L. Weekly Fed. D 2746 (Fla. Ct. App. 2006).

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Opinion

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