Pulles v. Onorato
The Third DCA affirmed the denial of a jury trial demand served more than a year after the answer, holding the trial court properly weighed the prejudice to the opposing party (discovery conducted in preparation for a bench trial, an unavailable witness, added expense) against the movant's interest. Judge Gooden specially concurred to untangle the competing 'abuse of discretion' and 'clearly erroneous' standards that have persisted in this line of cases since Wertman v. Tipping.
Key facts
- Pulles sued Onorato; the trial court denied Pulles's demand for a jury trial served more than a year after Onorato's answer.
- The parties had conducted discovery in preparation for a bench trial, a deposed witness was no longer available, and granting the late demand would increase expense and delay.
- +1 more key fact with a free trial
Why it matters
Practitioners handling untimely jury demands get a clean restatement of the movant's burden and confirmation that ordinary bench-trial-oriented discovery plus witness unavailability suffices to establish prejudice — a… — full analysis with a trial
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