Hightower v. Bigoney

WHITE, Judge.

The appellant is defendant and counter-claimant in an equity suit now pending in the trial court. He brings this interlocutory appeal from an order striking his demand for a jury trial of issues raised by his legal counterclaim to plaintiff’s complaint for enforcement of a mechanic’s lien for architectural services. He urges that the denial of a jury trial on his counterclaim, which was a compulsory pleading, is error in view of Section 3 of the Declaration of Rights of the Florida Constitution, F.S.A.1 and Rules 1.13(1)2 and 2.13 of the 1954 Florida Rules of Civil Procedures, 30…