Opinion
No. 85-844.
January 22, 1986.
Appeal from the Circuit Court for Broward County, Bobby W. Gunther, J.
Richard A. Sherman and Rosemary Wilder of Law Offices of Richard A. Sherman, Fort Lauderdale, for appellants.
Anthony M. Livoti, Jr. and Richard Altman of Kruse Livoti, Fort Lauderdale, for appellee.
The appellants complain that the trial court denied them their right to a jury trial. We agree. The appellants were sued by their landlord for rent and demanded a jury trial. Prior to the trial of the case the appellants motioned the court to continue the case, which was granted. Subsequently, the appellee landlord renoticed the case for a non-jury trial, which was set by the court. Prior to the trial the appellants again moved for a continuance and as part of the grounds claimed an entitlement to a jury trial. The court denied the motion for a continuance and proceeded to trial without a jury.
The appellants' right to a jury trial remains inviolate, barring a waiver by some affirmative action by them. Barth v. Florida State Constructors, Inc., 327 So.2d 13 (Fla. 1976); Barge v. Simeton, 460 So.2d 939 (Fla. 4th DCA 1984); see also Fla.R. Civ.P. 1.430(d). There is nothing in the record before this court which would indicate that the appellants did anything to divest themselves of their right to a jury trial.
REVERSED and REMANDED for a new trial.
DOWNEY and WALDEN, JJ., concur.