CHEEK v. McGOWAN ELEC. SUPPLY CO.

No. XX-37.

404 So.2d 834 (1981)

Alan CHEEK, Appellant, v. McGOWAN ELECTRIC SUPPLY COMPANY, Appellee.

District Court of Appeal of Florida, First District.

October 14, 1981.


Attorney(s) appearing for the Case

M. Stephen Turner of Culpepper, Beatty & Turner, Tallahassee, for appellant.

William C. Owen and J. Klein Wigginton of McClure, Wigginton & Owen, P.A., Tallahassee, for appellee.


PEARSON, TILLMAN (Retired), Associate Judge.

The defendant, Alan Cheek, appeals a final judgment entered by the court without a jury. The single question presented is whether he was entitled to a jury trial upon the issues raised by the complaint and the answer. We hold that the trial judge improperly took the case from a duly impanelled jury and tried all of the issues without a jury.

The suit began as a common law action to collect an account stated which...

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