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Tucker v. Rudnianyn

District Court of Appeal of Florida, Fifth District
Jan 7, 1988
517 So. 2d 785 (Fla. Dist. Ct. App. 1988)

Summary

In Tucker we held that failure to grant a jury trial is not an order that cannot be completely remedied by a plenary appeal.

Summary of this case from Fenner v. Butcher, Inc.

Opinion

No. 87-1941.

January 7, 1988.

Petition for Writ of Certiorari, A Case of Original Jurisdiction.

Jerri A. Blair of Austin, Lawrence Landis, Leesburg, for petitioners.

Stephen H. Gray, Ocala, for respondents.


Petitioners seek a writ of certiorari to the circuit court to quash an order denying a jury trial. If the order is error it can be corrected by appeal if petitioner loses the non-jury trial. See Finney v. Wonder Development Company, 392 So.2d 583 (Fla. 5th DCA 1980). The failure to grant a right of jury trial is not an order that cannot be completely remedied by plenary appeal. See Laing v. Fidelity Broadcasting Corp., 436 So.2d 959 (Fla. 5th DCA 1983); Kies v. Florida Ins. Guar. Ass'n., Inc., 435 So.2d 410 (Fla. 5th DCA 1983).

CERTIORARI DENIED.

COBB and COWART, JJ., concur.


Summaries of

Tucker v. Rudnianyn

District Court of Appeal of Florida, Fifth District
Jan 7, 1988
517 So. 2d 785 (Fla. Dist. Ct. App. 1988)

In Tucker we held that failure to grant a jury trial is not an order that cannot be completely remedied by a plenary appeal.

Summary of this case from Fenner v. Butcher, Inc.
Case details for

Tucker v. Rudnianyn

Case Details

Full title:RANDOLPH C. TUCKER AND LAURIE A. YONGE, PETITIONERS, v. JOHN S. RUDNIANYN…

Court:District Court of Appeal of Florida, Fifth District

Date published: Jan 7, 1988

Citations

517 So. 2d 785 (Fla. Dist. Ct. App. 1988)

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