Wood v. Warriner

DREW, Justice.

This is an appeal from a final judgment in favor of the plaintiff in a suit to recover a real estate commission.

Neither the plaintiff in her complaint nor the defendants in their answer below requested a jury trial. On the day of the trial, however, the plaintiff demanded trial by jury and the lower court granted such demand over the objection of the defendants. The granting of such demand is assigned as error.

In the case of Messana v. MaulE Industries, Inc., Fla., 50 So.2d 874, 876, we construed 30 F.S.A.Rules of Common Law,. Rule 31, of this Court relating to demands, for jury…