Schuppener v. Stein

This is an appeal from an order refusing to set aside a default and a final judgment based thereon. We find no error in the trial court’s refusal to vacate the default. However, since the appellees’ complaint requested a jury trial we believe it was error *556for the trial court to assess damages against the appellants absent appellants’ waiver of a jury trial. Eastern Koex Company Ltd. v. Bonanza Import and Export, Inc., 360 So.2d 153 (Fla. 3d DCA 1978); Bader Bros. Van Lines, Inc. v. Jay, 183 So.2d 867 (Fla. 2d DCA 1966); Loiselle v. Gladfelter, 160 So.2d 740 (Fla. 3d DCA 1964) cert. disch. 165…