District Court of Appeal of Florida December 12, 1989, No. 89-922 (Stewart v. Universal Investments Unlimited, Inc.)

BASKIN, Judge.

Appellee concedes that the trial court erred in failing to conduct a trial by jury after appellant demanded a jury trial and did not affirmatively waive that right; ap-pellee may not deprive appellant of his constitutional right to trial by jury merely by serving notice for nonjury trial. See Barth v. Florida State Constructors Serv., Inc., 327 So.2d 13 (Fla.1976); Jayre, Inc. v.