Schuppener v. Stein

District Court of Appeal of Florida

Schuppener v. Stein

374 So. 2d 555, 1979 Fla. App. LEXIS 15140

CourtDistrict Court of Appeal of Florida

DecidedAugust 1, 1979

DocketNo. 78-1145

StatusPublished

Cited by2 cases

This text of 374 So. 2d 555 (Schuppener v. Stein) 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.

Bluebook

Schuppener v. Stein, 374 So. 2d 555, 1979 Fla. App. LEXIS 15140 (Fla. Ct. App. 1979).

Pincite

Opinion

PER CURIAM.

This is an appeal from an order refusing to set aside a default and a final judgment based thereon. We find no error in the trial court’s refusal to vacate the default. However, since the appellees’ complaint requested a jury trial we believe it was error [556]*556for the trial court to assess damages against the appellants absent appellants’ waiver of a jury trial. Eastern Koex Company Ltd. v. Bonanza Import and Export, Inc., 360 So.2d 153 (Fla. 3d DCA 1978); Bader Bros. Van Lines, Inc. v. Jay, 183 So.2d 867 (Fla. 2d DCA 1966); Loiselle v. Gladfelter, 160 So.2d 740 (Fla. 3d DCA 1964) cert. disch. 165 So.2d 767 (Fla.1964).

Accordingly, the order of the trial court is affirmed in part and reversed in part with directions for further proceedings in accordance with this opinion.

ANSTEAD and MOORE, JJ., and GEIGER, DWIGHT L., Associate Judge, concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

This is an appeal from an order refusing to set aside a default and a final judgment based thereon. We find no error in the trial court’s refusal to vacate the default. However, since the appellees’ complaint requested a jury trial we believe it was error [556]*556for the trial court to assess damages against the appellants absent appellants’ waiver of a jury trial. Eastern Koex Company Ltd. v. Bonanza Import and Export, Inc., 360 So.2d 153 (Fla. 3d DCA 1978); Bader Bros. Van Lines, Inc. v. Jay, 183 So.2d 867 (Fla. 2d DCA 1966); Loiselle v. Gladfelter, 160 So.2d 740 (Fla. 3d DCA 1964) cert. disch. 165 So.2d 767 (Fla.1964).

Accordingly, the order of the trial court is affirmed in part and reversed in part with directions for further proceedings in accordance with this opinion.

ANSTEAD and MOORE, JJ., and GEIGER, DWIGHT L., Associate Judge, concur.

Cite This Page — Counsel Stack

Bluebook (online)

374 So. 2d 555, 1979 Fla. App. LEXIS 15140, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schuppener-v-stein-fladistctapp-1979.

Opinion

Related

Cite This Page — Counsel Stack