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GRAPPELL v. LAUDERDALE RIVER PARK ESTATES, INC.

No. 60-613.

126 So.2d 574 (1961)

Leon J. GRAPPELL, Petitioner, v. LAUDERDALE RIVER PARK ESTATES, INC., a Florida corporation, Respondent.

District Court of Appeal of Florida. Third District.

Rehearing Denied February 22, 1961.

Attorney(s) appearing for the Case

Benjamin Agronow, Miami, for petitioner.

Pallot, Silver, Pallot, Stern & Mintz, Miami, for respondent.

PER CURIAM.

On certiorari we review an order denying a jury trial on damages in a tort action after default entered. See Brooks v. Owens, Fla. 1957, 97 So.2d 693. Both parties had made timely demand for jury trial. By so doing, the defendant avoided waiving a jury and his right to jury trial as guaranteed by the state and federal constitutions was inviolate. See rule 2.1, F.R.C.P. 31 F.S.A. Striking defendant's answer and entering...

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