Shuffler v. Bascom Palmer Eye Institute

Summary

The Florida Third District Court of Appeal granted a petition for certiorari and quashed an order striking the plaintiff’s demand for a jury trial. The court held that amending the complaint to seek damages exceeding the county court’s jurisdictional limit and transferring the case to circuit court created a new action in which the plaintiff timely demanded a jury trial.

Holdings

1. When a complaint is amended with leave of court to allege damages exceeding the county court's jurisdictional limit and the action is transferred to circuit court, the cause becomes a new action, allowing the plaintiff to make a timely jury demand with the amended complaint under Florida Rule of Civil Procedure 1.430(b), even if the plaintiff previously waived a jury in the county court action.
2. The district court may grant certiorari to review a trial court order striking a jury demand when the order departs from the essential requirements of law.

Questions Presented

1. Whether a plaintiff who waived a jury trial in a county court action may make a timely jury demand when the complaint is amended to allege damages exceeding the county court's jurisdictional limit and the action is transferred to circuit court.
2. Whether striking the timely jury demand constituted a departure from the essential requirements of law warranting certiorari relief.

Disposition

quashed