Barth v. Florida State Contractors Service, Inc.

This is an appeal from a judgment of foreclosure on a mechanic’s lien.

Appellant raises three points on appeal. First, appellant contends that the trial judge committed reversible error by denying her a jury trial on a legal counterclaim seeking damages for labor performed in an unworkmanlike manner.

However, our review of the record in the instant case convinces us that the appellant waived her right to a trial by jury. May v. Arnold Const. Co., Fla.1955, 78 So.2d 705; Hightower v. Bigoney, Fla. 1963, 156 So.2d 501.

By her second point, appellant attacks the judgment on the merits, arguing that…