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CHRISTIANIA HOLDING, INC. v. KOALICK

No. 97-1016.

695 So.2d 491 (1997)

CHRISTIANIA HOLDING, INC., a Delaware Corporation, and Christiania General Insurance Corporation, a New York Corporation, Petitioners, v. Thomas KOALICK, Maria E. Lower Lavergne and Signet Star Reinsurance Company, a Delaware Corporation, Respondents.

District Court of Appeal of Florida, Third District.

June 11, 1997.

Attorney(s) appearing for the Case

Davis, Scott, Weber & Edwards, and Thomas E. Scott and Lisa Daugherty Patten, Miami, for petitioners.

Hanzman Criden Korge & Chaykin, and Mark J. Heise, Miami, and Willkie Farr & Gallagher, and Joseph T. Baio and Richard Mancino, New York City, for respondent Signet Star Reinsurance Company.

Before LEVY, FLETCHER and SHEVIN, JJ.

SHEVIN, Judge.

We grant the petition for certiorari review, finding that the court departed from the essential requirements of law in denying the motion to set the cause for jury trial. See Spring v. Ronel Refining Inc., 421 So.2d 46 (Fla. 3d DCA 1982). Whenever possible, "[q]uestions as to the right to a jury trial should be resolved, if at all possible, in favor of the party seeking the jury trial, for that right is fundamentally...

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