Butler v. Hicks

Supreme Court of Louisiana

Butler v. Hicks

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

CourtSupreme Court of Louisiana

DecidedJune 29, 2001

DocketNo. 2001-CC-1587

StatusPublished

This text of 794 So. 2d 805 (Butler v. Hicks) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

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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.

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794 So. 2d 805, 2001 La. LEXIS 2254, 2001 WL 775959, Counsel Stack Legal Research, https://law.counselstack.com/opinion/butler-v-hicks-la-2001.

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