Emiddio v. Southeast Bank, N.A.

Petitioners seek review of the circuit court’s order granting respondent’s motion to strike petitioners’ request for a jury trial. This court has jurisdiction to review the circuit court’s order by way of certiorari. See Valiante v. Allstate Insurance Co., 462 So.2d 590 (Fla. 2d DCA 1985); Spring v. Ronel Refining Co., Inc., 421 So.2d 46 (Fla. 3d DCA 1982). Because the circuit court departed from the essential requirements of law in denying petitioners the right to jury trial, we grant the writ.

This is the second time this court has reviewed this action. In In re Guardianship of Medley, 573…