Murrow v. Osceola County

Cherry B. Murrow appeals the denial of her motion, pursuant to Rule 1.540, Florida Rules of Civil Procedure, to have a judgment of forfeiture vacated based on the fact that during her bench trial, the trial court failed to obtain from her a written waiver of her right to a jury trial. We affirm.

Rule 1.430(d), Florida Rules of Civil Procedure, states that “a party who fails to serve a demand as required by this rule waives trial by jury.” Section 932.704(3), Florida Statutes (1995) provides:

Any trial on the ultimate issue of forfeiture shall be decided by a jury, unless such right is waived by…