DEFENDANTS MOTION TO STRIKE

IN THE COUNTY COURT FOR THE NINTH JUDICIAL CIRCUIT

IN AND FOR ORANGE COUNTY

ROBERT AYDT,      §

Plaintiff,      §

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v.      § Case No.: 2018-CC-7680-O

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CERTAINTEED CORPORATION      §

Defendant.      §

OPPOSITION TO DEFENDANT’S MOTION TO STRIKE PLAINTIFF’S JURY TRIAL DEMAND

NOW COMES Robert Aydt, Plaintiff, and files this Opposition to Defendant’s Motion to Strike Plaintiff’s Jury Trial Demand, and hereby avers as follows:

  1. Plaintiff filed his Demand for Jury Trial pursuant to Rule 1.43 of the Florida Rules of Procedure to exercise his right to jury trial.
  2. Defendant filed its Motion to Strike Plaintiff’s Jury Trial Demand and requested this Court not to grant Plaintiff a jury trial.
  3. “Nevertheless, when this Rule is considered in the light of the other Rules of Civil Procedure, as well as the recognized power of the trial judge to direct the course of the trial in a manner consistent with the requirements of justice, so long as he exercises his discretion within the orbit of applicable rules and statutes, we further hold that under appropriate circumstances, the trial judge still may exercise a sound judicial discretion in ordering a trial by jury subject to the limitation that the discretion must not be abused to the injury of the parties-litigant.” Shores v. Murphy, 88 So. 2d 294 (1956).
  4. This Court has discretion to order a jury trial. Plaintiff’s demand for jury trial was a request to this Court to exercise its discretion in its favor.
  5. Plaintiff is representing himself throughout the course of this case. He is a layman in law and is not licensed to practice law. Plaintiff is not in a position to hire counsel licensed to practice law in the State of Florida. On the other hand, Defendant is being represented by attorneys from the law firm of Akerman, LLP.
  6. With a bench trial, Plaintiff is prejudiced as he does not have the knowledge of laws and procedure as well as experience that Defendant’s counsel has. He will be at a disadvantage as he will be coming up against attorneys with vast knowledge of the law and experience.
  7. A jury trial will enable Plaintiff to present his case to ordinary people who will decide the case based on the facts and tenets of justice.
  8. In Beacon v. Theaters, 359 U.S. 500 (1959), the U.S. Supreme Court discussed the right to a jury, holding that when both equitable and legal claims are brought, the right to jury trial still exists for the legal claim, which would be decided by a jury before the judge ruled on the equitable claim.
  9. Plaintiff’s Complaint raises both legal and equitable claims. He has a right to be heard by a jury on the legal claims before this Court can hear and determine the equitable claims.
  10. Defendant alleges that it will be prejudiced if a jury trial is conducted. This allegation is baseless. Usually, members of a jury have not studied or practiced law. Therefore, it will be easy for Defendant’s attorneys to defend it considering that there will be less complexities when it comes to arguing its case before a jury. The prejudice that Defendant alleges does not exist. On the other hand, Plaintiff will be prejudiced as there will be complexities when the case goes to a bench trial.

REASONS WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully requests this Honorable Court to DENY Defendant’s Motion to Strike Plaintiff’s Jury Trial Demand.

Dated this ____ day of March, 2022.

Respectfully Submitted,

___________________________________

Robert Aydt

Plaintiff in pro per

VERIFICATION

I, Robert Aydt, being duly sworn depose and say that I have read the foregoing Opposition to Defendant’s Motion to Strike Plaintiff’s Jury Trial Demand and know the contents thereof. That the same is true of my own knowledge except as to those matters and things stated upon information and belief, and as to those things, I believe them to be true.

_________________________________

(Sign in the presence of a Notary Public)

Sworn to and subscribed before me this ___ day of March, 2022.

______________________________

Notary Public

________________________________________

(Printed name of Notary Public)

My Commission Expires: ____________________

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