SANITARY LINEN SERVICE CO. OF FLORIDA, A FLORIDA CORPORATION, D/B/A SANITARY UNIFORM RENTAL SERVICE, ET AL., APPELLANTS,
v.
EXECUTIVE UNIFORM RENTAL, INC., A FLORIDA CORPORATION, ET AL., APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that submitting factual issues to a jury in an equity case is within the lower court's judicial discretion.
Appellants, plaintiffs below, sought review of an order denying their motion to strike the appellee's demand for a jury trial in a case originally fil…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Judicial Discretion cases and more on FLexlaw
Appellants, who were plaintiffs below, seek review by interlocutory appeal of an order denying their motion to strike appel-lee’s, Joseph Turetsky, demand for jury trial. The cause was originally instituted upon appellants’ complaint for temporary and permanent injunctions and other equitable relief. The principal issue now before this court is whether a circuit court judge in an equity case could properly exercise his discretion and permit a jury trial pursuant to a motion by the parties to determine the issues involved in the case.
We hold that the submission of questions of fact to a jury in cases involving equitable relief, which questions are traditionally within the province of the chancellor, is a matter within the judicial discretion of the lower court. Berg v. New York Life In*433surance Co., Fla.1956, 88 So.2d 915; Degge v. First State Bank of Eustis, 145 Fla. 438, 199 So. 564 (1941); St. Sophia Greek Orthodox Community v. Vamvaks, Fla.App. 1968, 213 So.2d 313. Appellants have failed to show any abuse of that discretion in the case sub judice, therefore, the order denying appellants’ motion to strike the demand for jury trial will be affirmed and the trial judge is directed to exercise his discretion as to whether or not the issues before him should be heard by a jury.
The remaining orders before this court on interlocutory appeal are without sufficient merit to warrant a reversal. Accordingly, the orders appealed will be affirmed.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Allstate Ins. Co. v. Vanater, 297 So. 2d 293 (Fla. 1974)…Mfg. Inc., 249 So. 2d 496 (Fla.App.2d 1971); Sarasota-Manatee Airport Authority v. Alderman, 238 So. 2d 678 (Fla.App.2d 1970). . Berg v. New York Life Ins. Co., 88 So. 2d 915 (Fla.1956); Sanitary Linen Service Co. v. Executive Uniform Rental, Inc., 270 So. 2d 432 (Fla.App.3d 1972); St. Sophia Greek Orthodox Community v. Vamvaks, 213 So. 2d 313 (Fla.App.3d 1968).…
-
In re the Est. of Lester Wartels v. Wartels, 338 So. 2d 48 (Fla. 3d DCA 1976)…the discretion of the trial judge. Berg v. New York Life Insurance Company, 88 So. 2d 915 (Fla.1956); St. Sophia Greek Orthodox Community v. Vamvaks, 213 So. 2d 313 (Fla.App.3d 1968); Sanitary Linen Service Company v. Executive Uniform Rental, Inc., 270 So. 2d 432 (Fla.App.3d 1972). No abuse of that discretion has been shown by the appellant herein. The second reason is that the record demonstrates that the question of the validity of the antenuptial agreement was tried with the consent, express or implied,…
-
Widera v. Fla. Power Corp., 373 So. 2d 714 (Fla. 2d DCA 1979)…ge is given discretion to submit factual questions to a jury. Berg v. New York Life Insurance Company, 88 So. 2d 915 (Fla.1956); In re Estate of Wartels, 338 So. 2d 48 (Fla. 3d DCA 1976); Sanitary Linen Service Co. v. Executive Uniform Rental, Inc., 270 So. 2d 432 (Fla. 3d DCA 1972). Where, however, a complaint contains both legal and equitable claims, a timely request to try the legal issues before a jury must be granted. Sarasota-Manatee Airport Authority v. Alderman, 238 So. 2d 678 (Fla. 2d DCA 1970). Even…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Degge v. The First State Bank of Eustis, 145 Fla. 438 (Fla. 1941)
- Berg v. NEW York Life Ins. Co., 88 So. 2d 915 (Fla. 1956)
- ST. Sophia Greek Orthodox Community v. Vamvaks, 213 So. 2d 313 (Fla. 3d DCA 1968)