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TUCKER v. RUDNIANYN

District Court of Appeal of Florida, Fifth District.
Jan 7, 1988

DAUKSCH, Judge.

Petitioners seek a writ of certiorari to the circuit court to quash an order denying a jury trial. If the order is error it can be corrected by appeal if petitioner loses the non-jury trial. See Finney v. Wonder Development Company, 392 So.2d 583 (Fla. 5th DCA 1980). The failure to grant a right of jury trial is not an order that cannot be completely remedied by plenary appeal. See Laing v. Fidelity Broadcasting Corp., 436 So.2d 959 (Fla. 5th DCA 1983); Kies v. Florida Ins. Guar. Ass'n., Inc., 435 So.2d 410 (Fla. 5th DCA 1983).

CERTIORARI DENIED.

COBB and COWART, JJ., concur.