[RPPTL LandTen] Jury Trial Waivers/Guaranty

Mon Aug 6 09:58:36 PDT 2012

Here are some cases on a jury trial waiver.  I used them in an opposition
brief where two parties signed a promissory note but only one signed the
mortgage and the mortgage contained a jury waiver provision.  The parties
brought a multi-count counterclaim and sought a jury for all issues so
triable.  The lender filed a blanket motion to strike the jury trial demand.
Our position is that only the mortgagor who signed the mortgage waived the
right to a jury trial and that where the claims of the parties were closely
related, the case had to be tried before a jury.  Hearing is this week.

The Seifert case has a good analysis of the catch all phrases such as
"relating to" and "arising out of" etc.  

Another good case to look at is C & C Wholesale, Inc. v. Fusco Management
Corp., 564 So.2d 1259 (Fla. 2d DCA 1990).

Regards,

Anthony J. Horky, Esquire

Anthony J. Horky, P.A.

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From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Neil B. Shoter
Sent: Friday, July 27, 2012 2:46 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Jury Trial Waivers/Guaranty

Question for the litigators:  Lease contains a common mutual jury trial
waiver. Tenant defaults. Landlord sues Tenant and the Guarantor.  The
Guaranty does not have jury trial waiver.    What happens if the Guarantor
wants a jury trial on both his liability and the underlying defenses to
Tenant's underlying obligations??   Any experience with this?         

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Neil B. Shoter 
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