Florida Literary Distributing Corp. v. State ex rel. Garcia-Pedrosa

I write separately only to suggest that trial courts should consider the use of a jury in proceedings of this nature.

While a defendant ordinarily is not entitled to a jury trial in an action in equity which seeks an injunction, For Adults Only, Inc. v. State ex rel. Gerstein, 257 So.2d 912 (Fla. 3d DCA 1972), cert. denied, 292 So.2d 592 (Fla.1974), disapproved on other grounds, Ladoga Canning Corp. v. McKenzie, 370 So.2d 1137, 1140 (Fla.1979), it is within the trial court’s discretion to permit a jury to decide the issues in a case involving equitable relief. Berg v. New York Life Insurance…