Walter v. Sunrise Senior Living Services, Inc.

District Court of Appeal of Florida

Walter v. Sunrise Senior Living Services, Inc.

177 So. 3d 630, 2015 Fla. App. LEXIS 11035, 2015 WL 4460942

District Court of Appeal of Florida·Decided July 22, 2015·No. 2D15-2467·Published

Opinion

ALTENBERND, Judge.

The Personal Representative of the Estate of Norine C. Walter seeks certiorari review of an order striking her request for trial by jury in an action alleging that the negligence of employees or agents of Sunrise Senior Living Services, Inc., resulted in personal injury to or the wrongful death of Norine Walter. The trial court struck the request for trial by jury based on the express waiver of trial by jury in the nursing facility residency agreement signed by Norine Walter. Although the petition for writ of certiorari contains citations to many legal authorities, it fails to cite to Jaye v. Royal Saxon, Inc., 720 So.2d 214 *631 (Fla.1998), which holds that an order striking a demand for trial by jury is not reviewable by certiorari. Thus, if the Personal Representative believes that she is aggrieved by this order after the conclusion of a nonjury trial, she is free to raise this issue on direct appeal.

The petition for writ of certiorari is dismissed.

CRENSHAW and SALARIO, JJ„ Concur.

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ALTENBERND, Judge.

The Personal Representative of the Estate of Norine C. Walter seeks certiorari review of an order striking her request for trial by jury in an action alleging that the negligence of employees or agents of Sunrise Senior Living Services, Inc., resulted in personal injury to or the wrongful death of Norine Walter. The trial court struck the request for trial by jury based on the express waiver of trial by jury in the nursing facility residency agreement signed by Norine Walter. Although the petition for writ of certiorari contains citations to many legal authorities, it fails to cite to Jaye v. Royal Saxon, Inc., 720 So.2d 214 *631 (Fla.1998), which holds that an order striking a demand for trial by jury is not reviewable by certiorari. Thus, if the Personal Representative believes that she is aggrieved by this order after the conclusion of a nonjury trial, she is free to raise this issue on direct appeal.

The petition for writ of certiorari is dismissed.

CRENSHAW and SALARIO, JJ„ Concur.

Walter v. Sunrise Senior Living Services, Inc., 177 So. 3d 630, 2015 Fla. App. LEXIS 11035, 2015 WL 4460942 (Fla. Ct. App. 2015).

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