[RPPTL LandTen] Jury Trial Waivers/Guaranty

[Neil B. Shoter]

Thanks Anthony

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Neil B. Shoter
Partner / LEED Accredited Professional
________________________________
Shutts & Bowen LLP
CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Anthony J. Horky
Sent: Monday, August 06, 2012 12:59 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Jury Trial Waivers/Guaranty

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.
301 Yamato Road, Suite 1240
Boca Raton, FL 33431
Phone: (561) 226-4628
Fax: (561) 994-6693
Web: www.horkylaw.com<http://www.horkylaw.com>

This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product.  If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: ahorky at horkylaw.com<mailto:ahorky at horkylaw.com>.
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From: landten-bounces at lists.flabarrpptl.org<mailto: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
Partner / LEED Accredited Professional
________________________________
Shutts & Bowen LLP
CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
E-Mail<mailto:NShoter at shutts.com> | Biography<http://www.shutts.com/attorneys-Neil-Shoter.html> | V-Card<http://www.shutts.com/vcard-181.vcf> | Website<http://www.shutts.com>



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