517 So. 2d 785 | Fla. Dist. Ct. App. | 1988
Randolph C. TUCKER and Laurie A. Yonge, Petitioners,
v.
John S. RUDNIANYN and Walter R. Berman, Respondents.
District Court of Appeal of Florida, Fifth District.
Jerri A. Blair of Austin, Lawrence & Landis, Leesburg, for petitioners.
Stephen H. Gray, Ocala, for respondents.
DAUKSCH, Judge.
Petitioners seek a writ of certiorari to the circuit court to quash an order denying a jury trial. If the order is error it can be corrected by appeal if petitioner loses the non-jury trial. See Finney v. Wonder Development Company, 392 So. 2d 583 (Fla. 5th DCA 1980). The failure to grant a right of jury trial is not an order that cannot be completely remedied by plenary appeal. See Laing v. Fidelity Broadcasting Corp., 436 So. 2d 959 (Fla. 5th DCA 1983); Kies v. Florida Ins. Guar. Ass'n., Inc., 435 So. 2d 410 (Fla. 5th DCA 1983).
CERTIORARI DENIED.
COBB and COWART, JJ., concur.
