Amquip Crane Rental, LLC v. Vercon Construction Management, Inc.
Docket: No. 4D10-1303
Court: District Court of Appeal of Florida; May 4, 2011; Florida; State Appellate Court
Amquip Crane Rental, LLC appeals a dismissal of its breach of lease agreement complaint against Vercon Construction Management, Inc., specifically contesting the denial of its right to a jury trial. While Amquip raised four issues on appeal, the appellate court reversed only on the jury trial matter, deeming the other issues moot. Amquip demanded a jury trial in its complaint, but the trial court, referencing a forum selection clause in the lease agreement, decided that Amquip was not entitled to a jury trial and proceeded with a nonjury trial. This clause specified that the lessee waived the right to a jury trial and consented to jurisdiction in Pennsylvania courts.
Initially set for a jury trial before Judge Luzzo, the case was presided over by retired Judge Feder due to Luzzo's unavailability. Vercon challenged the trial's venue based on the lease's forum selection clause, but Feder ultimately ruled that Amquip also waived its right to a jury trial, citing mutuality of contract. Despite objections from Amquip, Judge Feder denied its request for a jury trial and allowed the case to proceed nonjury. Amquip's attempts to present deposition testimony at the nonjury trial were unsuccessful, leading to an involuntary dismissal of its case.
Amquip argues that the trial court misinterpreted the lease clause regarding the waiver of the jury trial. Vercon contends that Amquip waived its right by opting for a nonjury trial and participating in it. The court referenced Florida Rule of Civil Procedure 1.430(b), which preserves the right to a jury trial unless explicitly waived.
Litigants may waive their right to a jury trial in civil cases, but such waivers must be strictly construed and not lightly inferred. In Amquip's situation, it clearly demanded a jury trial in its complaint and did not waive this right. The trial court's denial of Amquip's request to proceed with a jury trial was contested multiple times, including through a motion for rehearing, which was denied based on an erroneous interpretation of a lease provision. The court misread paragraph 18 of the lease, which explicitly stated that only the lessee waived the right to a jury trial, leaving the lessor's rights intact. There is no requirement for mutual waiver of jury trial rights in contracts, as long as a waiver is made knowingly and voluntarily. The legal principle of mutuality does not necessitate that both parties have the same remedies, and one party can waive the jury trial right without the other doing the same.
Mutual promises in a contract are binding when no other consideration exists; however, additional consideration allows for the absence of mutuality of obligation. In this case, Amquip's lease to Vercon included Vercon waiving its right to a jury trial as part of the consideration for the contract. The differing procedural remedies do not render the contract or the jury trial waiver unenforceable. The court determined that Amquip's right to a jury trial was not waived, leading to a reversal and remand for a trial by jury. Amquip also argued on appeal that the trial court erred in denying its motions for summary judgment, admission of depositions, and a continuance. These issues are moot due to the reversal concerning the jury trial. Vercon's claim that Amquip waived its jury trial right by participating in a nonjury trial pertains to the preservation of the appeal issue, referencing the Crespo case, which highlighted the necessity of preserving objections for appeal.
