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.