No. 84-2259 | Fla. Dist. Ct. App. | Oct 15, 1985
Employee Benefit Claims, Inc. appeals an order denying its motion for relief from judgment and affirming the final judgment entered following default judgment and non-jury trial on the issue of damages. It is well settled that a demand for jury trial entitles the demanding party to a jury determination as to damages, even after entry of a default. Air Unlimited, Inc. v. Volare Air, Inc., 428 So. 2d 294" date_filed="1983-02-22" court="Fla. Dist. Ct. App." case_name="Air Unlimited Inc. v. Volare Air, Inc.">428 So.2d 294 (Fla. 3d DCA 1983); Ansel v. Kizer, 428 So. 2d 671" date_filed="1982-12-15" court="Fla. Dist. Ct. App." case_name="Ansel v. Kizer">428 So.2d 671 (Fla. 2d DCA 1982); Saunders v. Saunders, 346 So. 2d 1057" date_filed="1977-06-07" court="Fla. Dist. Ct. App." case_name="Saunders v. Saunders">346 So.2d 1057 (Fla. 1st DCA 1977). Accordingly, we hold that the trial court erred in conducting a non-jury trial, and we remand for a jury trial solely on the issue of damages. We find no merit in the other points raised.
Affirmed in part; reversed in part; remanded with directions.