Waiver of Jury Trial

A party who fails to serve a demand as required by the Rules of Civil Procedure waives trial by jury. If waived, a jury trial may not be granted without the consent of the parties, but the court may allow an amendment in the proceedings to demand a trial by jury or order a trial by jury on its own motion. A demand for trial by jury may not be withdrawn without the consent of the parties. (Fla.R.Civ.P. Rule 1.430)

"The fundamental constitutional right to trial by jury guaranteed in the State by the Constitution may be waived in civil cases by litigants; however, waiver of that right to a jury trial is to be strictly construed and not lightly interfered. Puller v. First Virginia Mortgage and Real Estate Investment Trust, 471 So.2d 104 (Fla. 3d DCA 1985);

Independent Fire Ins. Co. v. Arvidson, 604 So.2d 854 (Fla. 4th DCA 1992) (waiver of a right to jury trial requires an affirmative act indicating waiver and consent of the opposing party)"

None.