KREISER CONSTRUCTION INC v. TRAFFORD (1997)

District Court of Appeal of Florida,Third District.

KREISER CONSTRUCTION, INC., and Michael Schneider, Appellants, v. Harry M. TRAFFORD, Jr., and Edith J. Trafford, his wife, Appellees.

No. 96-2293.

Decided: June 11, 1997

Before JORGENSON and SORONDO, JJ., and BARKDULL, Senior Judge.

Kohl, Metzger, Spotts, Ponsoldt & Tapper, Stuart, for appellants. Behar, Gutt & Glazer, Aventura, for appellees.

We find no error in the trial court striking pleadings for failure of a party to secure new counsel after original counsel withdrew. Commonwealth Fed. Sav. & Loan Ass'n v. Tubero, 569 So.2d 1271 (Fla.1990).

We do find error (which was conceded by the appellee) in the trial court, non-jury, fixing the amount of damages after a default was entered and a jury trial had been demanded. See Fla. R. Civ. P. 1.430; Curbelo v. Ullman, 571 So.2d 443 (Fla.1990); Ulrich v. Berton, 661 So.2d 376 (Fla. 3d DCA 1995). Therefore, the final judgment is reversed and the matter is returned to the trial court for a jury trial on the amount of damages with proper notice accorded to all parties.

Reversed and remanded with directions.

PER CURIAM.

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