Butler v. Hicks

Supreme Court of Louisiana

Butler v. Hicks

794 So. 2d 805, 2001 La. LEXIS 2254, 2001 WL 775959

Supreme Court of Louisiana·Decided June 29, 2001·No. No. 2001-CC-1587·Published

Opinion

In re Grant, Terry; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of St. Bernard, 34th Judicial District Court Div. C, Nos. 87-983 c/w 90-004; to the Court of Appeal, Fourth Circuit, No. 2001-0413.

Granted. A review of defendants’ supplemental answer reveals it sets forth no substantive defenses not raised in the original answer and was filed for the purpose of circumventing the time limits for requesting a jury trial. See Barberito v. Green, 275 So.2d 407 (La.1973). Accordingly, the judgment of the trial court is reversed, and relator’s motion to strike the jury is granted. Case remanded to the trial court for further proceedings.

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In re Grant, Terry; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of St. Bernard, 34th Judicial District Court Div. C, Nos. 87-983 c/w 90-004; to the Court of Appeal, Fourth Circuit, No. 2001-0413.

Granted. A review of defendants’ supplemental answer reveals it sets forth no substantive defenses not raised in the original answer and was filed for the purpose of circumventing the time limits for requesting a jury trial. See Barberito v. Green, 275 So.2d 407 (La.1973). Accordingly, the judgment of the trial court is reversed, and relator’s motion to strike the jury is granted. Case remanded to the trial court for further proceedings.

Butler v. Hicks, 794 So. 2d 805, 2001 La. LEXIS 2254, 2001 WL 775959 (La. 2001).

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Opinion

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