Marlette v. Carullo
In an easement dispute between adjoining landowners, the trial court granted an ore tenus motion to bifurcate the legal and equitable claims, setting the nonjury equitable trial first. The Second DCA granted certiorari and quashed the bifurcation order, holding that where the facts underlying legal and equitable claims are inextricably intertwined, a single trial is required and the jury must first decide the common factual issues to preserve the constitutional right to jury trial.
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