60 So. 3d 536
Fla. Dist. Ct. App.2011Background
- Amquip leased equipment to Vercon and demanded a jury trial in the complaint.
- The trial court sua sponte held Amquip waived its jury right based on a forum-selection clause in paragraph 18 of the lease and ordered a nonjury trial.
- The jury trial was initially set before Judge Luzzo but conducted before Judge Feder, due to scheduling concerns.
- Vercon renewed a venue argument; Judge Feder denied it, citing a pretrial ruling by Judge Luzzo.
- Judge Feder concluded there was mutual waiver of the jury right under paragraph 18, and the case was reset on nonjury terms, with Amquip contesting the ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Preservation of the jury-right issue | Amquip preserved the issue by timely objection and rehearing | Amquip waived by participating in nonjury trial and not renewing demand | Preserved; right to jury trial inviolate despite later proceedings |
| Whether paragraph 18 waives the right to a jury trial by mutuality | Lease language shows Lessee waives; Amquip is Lessee, not Lessor | Mutuality implied by contract consideration; waiver applies to both parties | Plain language shows Waiver by Lessee only; no mutual waiver |
| Interpretation of a clear contract provision | Contract language is clear and unambiguous; applies to Lessee only | Waiver should be read as mutual due to contract context | Plain meaning controls; Lessee waived, not lessor |
| Disposition tied to the above | Scenario warrants reversal and jury trial for Amquip | No other outcome if waiver deemed mutual | Case reversed and remanded for a trial by jury |
Key Cases Cited
- Barzon Auctioneer, Inc. v. Ball, 674 So.2d 212 (Fla. 4th DCA 1996) (waiver of the right to a jury trial construed strictly)
- Poller v. First Va. Mortg. & Real Estate Inv. Trust, 471 So.2d 104 (Fla. 3d DCA 1985) (strictly construes jury-trial waivers)
- Hollywood, Inc. v. City of Hollywood, 321 So.2d 65 (Fla. 1975) (resolve rights in favor of jury-trial seekers)
- Fox v. City of Pompano Beach, 984 So.2d 664 (Fla. 4th DCA 2008) (jury-trial rights and preserving objections)
- Leslie v. Carnival Corp., 22 So.3d 567 (Fla. 3d DCA 2009) (factors for knowing jury-waiver entry)
- Wright & Seaton, Inc. v. Prescott, 420 So.2d 623 (Fla. 4th DCA 1982) (mutuality doctrine not universal requirement)
- Bossert v. Palm Beach County Comprehensive Cmty. Mental Health Ctr., Inc., 404 So.2d 1138 (Fla. 4th DCA 1981) (mutuality discussed in contractual obligations)
- Meurer Steel Barrel Co. v. Martin, 1 F.2d 687 (3d Cir.1924) (mutual promises and consideration in contracts)