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DAVID v. PENINSULAR BUILDING SUPPLY CO.

No. 84-1621.

481 So.2d 511 (1985)

James C. DAVID D/B/a David Industries, Appellant, v. PENINSULAR BUILDING SUPPLY CO., a Florida Corporation, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied January 15, 1986.

Attorney(s) appearing for the Case

Carleton L. Weidemeyer, Jerry C. Cobb, and H.H. Baskin, Jr., Clearwater, for appellant.

Raymond C. Conklin, of Stolba, Conklin & Verona, P.A., St. Petersburg, for appellee.

PER CURIAM.

The most important question argued on this appeal is whether appellant stipulated for the case to be tried nonjury. However, despite an apparent misunderstanding on the part of the judge, our examination of the record reflects that appellant never made demand for a jury trial on his defenses to the lien foreclosure or on his counterclaim. Consequently, appellant's reliance upon Hightower v. Bigoney, 156 So.2d 501

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