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SMITH v. ORANGE COUNTY

No. 85-1563.

497 So.2d 985 (1986)

Fred SMITH, Appellant, v. ORANGE COUNTY, Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

November 20, 1986.

Attorney(s) appearing for the Case

Robert W. Smith, Orlando, for appellant.

John A. Gehrig, Asst. Co. Atty., Orlando, for appellee.

PER CURIAM.

This is an appeal from a judgment in a land dispute case. The pleadings presented various issues to be tried by the court: one legal issue, and three equitable issues.

Because appellant timely requested a jury trial in the trespass action1 the trial court erred in lumping the legal and equitable causes of actions together and in refusing to hold a jury trial. A mixture of legal and equitable claims in the same case...

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