Legal Opinion

Kreiser Construction, Inc. v. Trafford

District Court of Appeal of Florida

Decided June 11, 1997No. 96-2293PublishedCited by 2 opinions

1Per curiam

We find no error in the trial court striking pleadings for failure of a party to secure new counsel after original counsel withdrew. Commonwealth Fed. Sav. & Loan Ass’n v. Tubero, 569 So.2d 1271 (Fla.1990).

We do find error (which was conceded by the appellee) in the trial court, non-jury, fixing the amount of damages after a default was entered and a jury trial had been demanded. See Fla. R. Civ. P. 1.430; Curbelo v. Ullman, 571 So.2d 443 (Fla.1990); Ulrich v. Berton, 661 So.2d 376 (Fla. 3d DCA 1995). Therefore, the final judgment is reversed and the matter is returned to the trial court for…

2Cases cited3 opinions

  1. Commonwealth Fed. Sav. & Loan Ass'n v. TuberoSupreme Court of Florida · 1990
  2. Curbelo v. UllmanSupreme Court of Florida · 1990
  3. Ulrich v. BertonDistrict Court of Appeal of Florida · 1995

3Cited by2 opinions

  1. Munoz v. AlvarezDistrict Court of Appeal of Florida · 2000
  2. Wolfe v. SmilackDistrict Court of Appeal of Florida · 2012

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