Opinion
No. 85-34.
July 16, 1985.
Appeal from a non-final order from the Circuit Court for Dade County; Frederick N. Barad, Judge.
Bret Clark, Miami, for appellant.
Jerry Kahn, Miami Beach, for appellee.
Before HENDRY, BASKIN and FERGUSON, JJ.
We reverse the final judgment on appellant Merle's counterclaim upon a finding that the trial court erred in denying her a jury trial on the legal issues she presented in response to appellee's equitable action. Barth v. Florida State Constructors Service, Inc., 327 So.2d 13 (Fla. 1976); Hightower v. Bigoney, 156 So.2d 501 (Fla. 1963).
No final judgment has been entered on appellee's claim for mechanic's lien.
Reversed and remanded.