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.
Key facts
- Marlette and Carullo were adjoining landowners involved in a dispute over an easement agreement.
- The trial court granted an ore tenus motion to bifurcate the proceedings, ordering a nonjury trial on equitable claims (including injunctive relief) before a jury trial on legal claims (breach of easement, nuisance, and trespass).
- +2 more key facts with a free trial
Why it matters
This decision gives litigators a clean, citable vehicle for challenging bifurcation orders by common-law certiorari rather than waiting for final judgment, and reinforces the sequencing rule that the jury must resolve… — full analysis with a trial
Read the full opinion, holdings & search — free for 30 days
The full opinion PDF, the rules the court applied, our significance analysis, the background facts, and full-text search across every tracked Florida decision — in your hands.
- Search every tracked Florida decision in seconds
- Save, tag & file the cases that matter into your own library
- Read the full plain-English analysis and holdings
Not ready to sign up? Get the free Friday digest — the week's key Florida decisions by email, no login required.
Florida Court Tracker provides summaries of publicly available court opinions for informational and research purposes only. This is not legal advice and does not create an attorney–client relationship. Always verify holdings against the official opinion.