Izaak Walton Investors, LLC and Sherwood Partners, LLC. v. Ralph E. Oesterle, II, and Clara R. Oesterle, 36 Fla. L. Weekly d105a (Fla. 1st DCA Jan. 13, 2011)

In this commercial contract dispute, a counter-defendant had demanded a jury trial in its answer to a counterclaim.  The trial court held a non-jury trial over counter-defendant’s objection.  According to the counter-plaintiff, a jury trial had been waived at a pretrial conference, but there was no record evidence of the waiver.  As a result, the appellate court reversed because “to constitute a waiver of the existing demand for jury trial . . . there must be affirmative action on the part of a party,” and “the “affirmative action must be a written stipulation or oral stipulation in open court.”

 

IZAAK WALTON INVESTORS, LLC and SHERWOOD PARTNERS, LLC. v. RALPH E. OESTERLE, II, AND CLARA R. OESTERLE, 36 Fla. L. Weekly D105a (Fla. 1st DCA Jan. 13, 2011)