
    AIG LIFE INSURANCE COMPANY, a foreign corporation, Petitioner, v. Marcia J. BOROUGHF, and Combined Insurance Company of America, a foreign corporation, Respondents.
    No. 91-2792.
    District Court of Appeal of Florida, Fourth District.
    Nov. 13, 1991.
    Daniel M. Bachi of Sellars, Supran, Cole, Marion & Espy, P.A., West Palm Beach, for petitioner.
    No response required for respondents.
   PER CURIAM.

Denied. Lindsey v. Sherman, 402 So.2d 1349 (Fla. 4th DCA 1981). Accord Fenner v. Jack L. Butcher, Inc., 560 So.2d 430 (Fla. 5th DCA 1990); Tucker v. Rudnianyn, 517 So.2d 785 (Fla. 5th DCA 1988). Contra Johnson Engineering, Inc. v. Pate, 563 So.2d 1122 (Fla. 2d DCA 1990); Quality Coffee Service, Inc. v. Tallahassee Coca-Cola Bottling Co., 474 So.2d 427 (Fla. 1st DCA 1985); Spring v. Ronel Refining, Inc., 421 So.2d 46 (Fla. 3d DCA 1982); Sarasota-Manatee Airport Authority v. Alderman, 238 So.2d 678 (Fla. 2d DCA 1970).

POLEN and GARRETT, JJ., concur.

WARNER, J., concurs specially with opinion.

WARNER, Judge,

concurs specially.

This case arises on a petition for writ of certiorari from the striking of a request for a jury trial. As can be seen by the cases cited in the opinion there is a decided split of authority as to whether an order denying jury trial may be reviewed. I would hope that the parties might address this to the Supreme Court on conflict jurisdiction to resolve this conflict so that all parties may have the same procedural due process regardless of which part of the State of Florida they happen to litigate.  