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LEOPOLD v. RICHARD BERTRAM & COMPANY

No. 72-1452.

276 So.2d 225 (1973)

John N. LEOPOLD and the Wanda Marine Corporation, a Foreign Corporation, Petitioners, v. RICHARD BERTRAM & COMPANY, a Florida Corporation, Respondent.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 9, 1973.

Attorney(s) appearing for the Case

Shutts & Bowen, and Lawrence R. Metsch, Miami, for petitioners.

Dixon, Dixon, Lane & Mitchell, and J. James Donnellan, III, Miami, for respondent.

Before BARKDULL, C.J., and PEARSON and CHARLES A. CARROLL, JJ.

BARKDULL, Chief Judge.

In 1971 the petitioners were named as defendants in a five-count action instituted in the circuit court. No demand for jury trial was made in the original complaint; no demand for jury trial was contained in the original responsive pleadings.1 The plaintiff then amended its complaint by adding Count 6, naming a new party-defendant. As to the original defendants, the issues remained the same. Thereafter, the original...

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