Fenner v. Jack L. Butcher, Inc.

The petitioners, James H. Fenner and Willingham & Fenner, Inc., seek certiorari review of a trial court order removing this case from the Jury Trial Docket and placing the case on the Non-Jury Trial Docket. The threshold issue is whether denial of the petitioners’ right to jury trial constitutes a departure from the essential requirements of law warranting such review. Based on controlling precedent from this court, the instant panel must answer that question in the negative. See Tucker v. Rudnianyn, 517 So.2d 785 (Fla. 5th DCA 1988). In Tucker we held that failure to grant a jury trial is…