Grappell v. Lauderdale River Park Estates, Inc.

On certiorari we review an order denying a jury trial on damages in a tort action after default entered. See Brooks v. Owens, Fla.1957, 97 So.2d 693. Both parties had made timely demand for jury trial. By so doing, the defendant avoided waiving a jury and his right to jury trial as guaranteed by the state and federal constitutions was inviolate. See rule 2.1, F.R.C.P. 31 F.S.A. Striking defendant’s answer and entering default for his failure to comply with a discovery order did not obliterate his timely demand for jury trial. Nor could the plaintiff’s de-demand for jury trial be withdrawn…