Lindsey v. Sherman, 79-1995
| Decision Date | 02 September 1981 |
| Docket Number | No. 79-1995,79-1995 |
| Citation | 402 So.2d 1349 |
| Parties | R. C. LINDSEY, Appellant, v. William C. SHERMAN, as Property Appraiser of Okeechobee County, et al., Appellees. |
| Court | Florida District Court of Appeals |
R. C. Lindsey, in pro. per.
Jeffrey C. Fulford of Adams & Hill, Orlando, for appellee Sherman.
Plaintiff R. C. Lindsey seeks review of an interlocutory order of the trial court striking his demand for jury trial in two consolidated cases. The Florida Rules of Appellate Procedure do not authorize an interlocutory appeal from such an order. See Florida Rule of Appellate Procedure 9.130. Nor should we treat the matter as a petition for writ of certiorari because, even if the order Lindsey seeks to have reviewed constitutes a departure from the essential requirements of law, such error can be rectified by plenary appeal pursuant to Florida Rule of Appellate Procedure 9.110. See, e. g., Siegel v. Abramowitz, 309 So.2d 234 (Fla. 4th DCA 1975); Solitron Devices, Inc. v. Reiland, 311 So.2d 729 (Fla. 4th DCA 1975); Santini Brothers, Inc. v. Grover, 338 So.2d 79 (Fla. 4th DCA 1976); Federal Insurance Company v. Guterma, 379 So.2d 1014 (Fla. 4th DCA 1980).
Accordingly, this appeal is dismissed.
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...a jury trial. The district court, relying on Bared & Co. v. McGuire, 670 So.2d 153, 156 (Fla. 4th DCA 1996); and Lindsey v. Sherman, 402 So.2d 1349, 1349 (Fla. 4th DCA 1981), held that it was without subject-matter jurisdiction to issue the writ and dismissed the petition. Jaye, 698 So.2d a......
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Ronbeck Const. Co., Inc. v. Savanna Club Corp.
...of this court that we do not have jurisdiction to consider the jury trial issue on petition for certiorari. See Lindsey v. Sherman, 402 So.2d 1349 (Fla. 4th DCA 1981). It is true that our Lindsey decision is in conflict with Hobbs v. Florida First National Bank, 480 So.2d 153 (Fla. 1st DCA ......
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AIG Life Ins. Co. v. Boroughf, 91-2792
...Cole, Marion & Espy, P.A., West Palm Beach, for petitioner. No response required for respondents. PER CURIAM. Denied. Lindsey v. Sherman, 402 So.2d 1349 (Fla. 4th DCA 1981). Accord Fenner v. Jack L. Butcher, Inc., 560 So.2d 430 (Fla. 5th DCA 1990); Tucker v. Rudnianyn, 517 So.2d 785 (Fla. 5......
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