Ruffenach v. Ocwen Loan Services, LLC

Summary

The Florida Fifth District Court of Appeal addressed a petition for writ of mandamus challenging the striking of a demand for a jury trial. The court granted rehearing and clarified that the order was non-final and non-appealable and was not subject to mandamus review. It denied the petition, explaining that any error in interpreting the contractual jury-trial waiver could be addressed after a final judgment.

Holdings

1. An order striking a demand for a jury trial is a nonfinal, nonappealable order that is not reviewable by certiorari.
2. Mandamus is unavailable to review an allegedly erroneous judicial decision; it is limited to compelling performance of a specific, imperative ministerial duty.
3. Department of Natural Resources v. Estech, Inc. did not support mandamus review and is no longer good law in light of Jaye.

Questions Presented

1. Whether an order striking a demand for a jury trial is reviewable by certiorari.
2. Whether mandamus may be used to review an allegedly erroneous judicial decision striking a jury-trial demand.
3. Whether Department of Natural Resources v. Estech, Inc. supported mandamus review of the order.

Disposition

writ_denied