LILLIE MAE CRAWFORD, PETITIONER,
v.
SAMUEL BARON AND ETHEL BARON, RESPONDENTS; LILLIE MAE CRAWFORD, APPELLANT, V. SAMUEL BARON AND ETHEL BARON, APPELLEES

Fla. 3d DCA | 1970-08-18
Nos. 70-513, 70-537
Before PEARSON, C. J., and HENDRY and SWANN, JJ.
238 So. 2d 311 Florida District Court of Appeal, Third District (1970) Positive Treatment
Cited by 1 case


Opinion of the Court
PER CURIAM.

PER CURIAM.

Number 70-513 is a petition for certio-rari. Number 70-537 is an interlocutory appeal. Both proceedings seek review of an order setting the cause for a non-jury trial.

On June 19, 1970, we entered an order staying all appellate proceedings in these causes and temporarily relinquishing jurisdiction to the trial court to consider a possible stipulation of the parties. The parties have been unable to arrive at a stipulation. We therefore rescind our order of June 19, 1970, and reassume jurisdiction over this cause.

Appellant has demonstrated that she was entitled to a jury trial. See Hightower v. Bigoney, Fla. 1963, 156 So.2d 501, 17 A.L.R. 3d 1308, and the respondents-appellees have admitted error. Therefore the relief sought by the petitioner-appellant is hereby granted and the order under review is hereby reversed.

Reversed.


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  • Crawford v. Baron, 244 So. 2d 559 (Fla. 3d DCA 1971)
    …cutory appeal the appellant contends that the trial court erred in denying her request for a jury trial. We agree and reverse with directions that she be granted a jury trial as heretofore determined by this court in Crawford v. Baron, Fla.App.1970, 238 So. 2d 311. In her petition for a writ of certiorari she objects to that portion of the lower court’s order which directs plaintiff’s foreclosure action (based on the original note and second mortgage only) to be set down as a non-jury trial. We find that pet…

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