Bloch v. Bentfield

In Bloch v. Bentfield, 1 Ariz. App. 412, 403 P.2d 559 (1965), the defendant failed to appear for trial after advising opposing counsel that he desired a jury trial. Id. at 416-17, 403 P.2d at 563-64. The trial court held a bench trial and resolved the case against Bloch. Id. He appealed based upon the denial of a jury trial, but we held that when a party to a civil action fails to appear for a trial that by his failure he has waived his right to a jury trial of the controversy. The trial court is then empowered, in its discretion, to proceed to hear the evidence and to resolve the controversy without the benefit of a jury. Id. at 418, 403 P.2d at 565.