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McGOEY v. SUN TOBACCO, INC.

No. 3D06-353.

941 So.2d 474 (2006)

Frank McGOEY, Appellant, v. SUN TOBACCO, INC., Appellee.

District Court of Appeal of Florida, Third District.

November 1, 2006.

Attorney(s) appearing for the Case

Robert H. Cooper, Aventura, for appellant.

Stearns Weaver Miller Weissler Alhadeff & Sitterson and Kelly R. Melchiondo, Miami, for appellee.

Before GREEN, FLETCHER, and CORTIÑAS, JJ.

CORTIÑAS, Judge.

This is an appeal of final judgment after a non-jury trial. We affirm the trial court's granting of appellee's motion to strike appellant's demand for a jury trial and, instead, proceed to a bench trial. Where, as here, the right or remedy is equitable in nature, there is no right to a jury trial. Robbins v. Section 3 Prop. Corp., 609 So.2d 670, 671 (Fla. 3d DCA 1992) (citations omitted), approved...

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