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QUALITY COFFEE SERVOCE, INC. v. TALLAHASSEE COCA-COLA

No. BG-389.

474 So.2d 427 (1985)

QUALITY COFFEE SERVICE, INC., Appellant, v. TALLAHASSEE COCA-COLA Bottling Company, Appellee.

District Court of Appeal of Florida, First District.

August 28, 1985.

Attorney(s) appearing for the Case

John M. Bringardner of McFarlain, Bobo, Sternstein, Wiley and Cassedy, P.A., Tallahassee, for appellant.

Robert King High, Jr., of Ervin, Varn, Jacobs, Odom and Kitchen, Tallahassee, for appellee.

MILLS, Judge.

Quality Coffee Service, Inc. (QC) seeks review by certiorari of an interlocutory order denying jury trial on the issues presented by its counterclaim. We agree that the order is erroneous and quash it.

The suit below commenced when Tallahassee Coca-Cola Bottling Company (Coke) sued QC for breach of contract to buy a division of Coke's business. QC answered the complaint and counterclaimed for breach of contract and of express warranty. Coke thereafter...

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