Rodriguez v. Mummery

NESBITT, Judge.

Architect Ricardo P. Rodriguez petitions this court for certiorari to review the trial court’s order denying his motion to strike the underlying case from the non-jury trial calendar. As the record here does not establish that Rodriguez waived his constitutional right to a jury trial, we vacate the order and remand for a jury trial.

In the underlying case, Charles Raymond Mummery and the BMR Companies initially sued the Ralph Merritt Development Corporation in July 1995, alleging that Merritt’s negligence and failure to meet the minimum requirements of the Florida Building Code…