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RODRIGUEZ v. MUMMERY

No. 99-250.

728 So.2d 1235 (1999)

Ricardo P. RODRIGUEZ, and Ricardo P. Rodriguez, Architect P.A., Petitioner, v. Charles Raymond MUMMERY, and the BMR Companies, Inc., a Florida corporation, Respondents.

District Court of Appeal of Florida, Third District.

April 7, 1999.

Attorney(s) appearing for the Case

Mesa, Rodriguez & Machado, P.A., and Juan J. Rodriguez and Hilda Piloto, Miami, for petitioner.

Richard J. Lee, Coral Gables, for respondents.

Before NESBITT, FLETCHER, and SHEVIN, JJ.

NESBITT, Judge.

Architect Ricardo P. Rodriguez petitions this court for certiorari to review the trial court's order denying his motion to strike the underlying case from the non-jury trial calendar. As the record here does not establish that Rodriguez waived his constitutional right to a jury trial, we vacate the order and remand for a jury trial.

In the underlying case, Charles Raymond Mummery and the BMR Companies initially sued the Ralph Merritt Development...

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