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KERN v. FAY

No. 81-2021.

414 So.2d 628 (1982)

Steven H. KERN and Susan M. Kern, Appellants, v. Agnes I. FAY and Evelyn J. Niles, Appellees.

District Court of Appeal of Florida, Third District.

June 1, 1982.

Attorney(s) appearing for the Case

Sireci, Allen, Kelly & Muldoon, Key West, E. Nelson Read, Key West, for appellants.

Joseph B. Allen, III, Key West, for appellees.

Before BARKDULL, NESBITT and BASKIN, JJ.

BASKIN, Judge.

We reverse and remand for a new trial upon our holding that appellants' demand for jury trial, filed in their amended complaint in accordance with Florida Rule of Civil Procedure 1.430, applied to all triable issues. Appellants were not required to file a separate demand directed to the counterclaim despite the fact that their claim was equitable in nature and appellees' counterclaim presented legal issues. Appellants have not waived their right to...

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