Smith v. Orange County

This is an appeal from a judgment in a land dispute case. The pleadings presented various issues to be tried by the court: one legal issue, and three equitable issues.

Because appellant timely requested a jury trial in the trespass action1 the trial court erred in lumping the legal and equitable causes of actions together and in refusing to hold a jury trial. A mixture of legal and equitable claims in the same case cannot deprive a party of a timely requested jury trial on the legal issues. Cerrito v. Kovitch, 457 So.2d 1021 (Fla.1984); Hobbs v. Florida First Nat’l. Bank, 480 So.2d 153 (Fla.…