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481 So. 2d 511

481 So.2d 511

11 Fla.L.Weekly 70

David v. Peninsular Building Supply Co.

District Court of Appeal of Florida

Decided December 27, 1985

District Court of Appeal of Florida · decided 1985-12-27

Relies on 156 So. 2d 501 - Hightower v. Bigoney

Decided 1985-12-27

PER CURIAM.

¶1The most important question argued on this appeal is whether appellant stipulated for the case to be tried nonjury. However, despite an apparent misunderstanding on the part of the judge, our examination of the record reflects that appellant never made demand for a jury trial on his defenses to the lien foreclosure or on his counterclaim. Consequently, appellant’s reliance upon Hightower v. Bigoney, 156 So.2d 501 (Fla.1963), is misplaced.

¶2Affirmed.

GRIMES, A.C.J., and FRANK and HALL, JJ., concur.
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