Employee Benefit Claims, Inc. v. Diaz

• Court: Florida District Court of Appeals
• Writing for the Court: Before SCHWARTZ; PER CURIAM
• Citation: Employee Benefit Claims, Inc. v. Diaz, 478 So.2d 379, 10 Fla. L. Weekly 2350 (Fla. App. 1985)
• Decision Date: 15 October 1985
• Docket Number: No. 84-2259,84-2259
• Parties: 10 Fla. L. Weekly 2350 EMPLOYEE BENEFIT CLAIMS, INC., Appellant, v. Antonio DIAZ and Marta Diaz, Appellees.

Page 379

478 So.2d 379

10 Fla. L. Weekly 2350

EMPLOYEE BENEFIT CLAIMS, INC., Appellant, v. Antonio DIAZ and Marta Diaz, Appellees.

No. 84-2259.

District Court of Appeal of Florida Third District.

Oct. 15, 1985.

Rehearing Denied Nov. 22, 1985.

Lamchick, Glucksman & Johnston, and Steven Glucksman, Miami, for appellant.

Arthur Newman, Miami, for appellees.

Before SCHWARTZ, C.J., and HUBBART and BASKIN, JJ.

PER CURIAM.

Employee Benefit Claims, Inc. appeals an order denying its motion for relief from judgment and affirming the final judgment entered following default judgment and non-jury trial on the issue of damages. It is well settled that a demand for jury trial entitles the demanding party to a jury determination as to damages, even after entry of a default. Air Unlimited, Inc. v. Volare Air, Inc., 428 So.2d 294 (Fla. 3d DCA 1983); Ansel v. Kizer, 428 So.2d 671 (Fla. 2d DCA 1982); Saunders v. Saunders, 346 So.2d 1057 (Fla. 1st DCA 1977). Accordingly, we hold that the trial court erred in conducting a non-jury trial, and we remand for a jury trial solely on the issue of damages. We find no merit in the other points raised.

Affirmed in part; reversed in part; remanded with...