Dew v. EHO2002, L.L.C.

Supreme Court of Louisiana

Dew v. EHO2002, L.L.C.

9 So. 3d 150, 2009 La. LEXIS 1721

CourtSupreme Court of Louisiana

DecidedMay 27, 2009

DocketNo. 2009-CC-1150

StatusPublished

This text of 9 So. 3d 150 (Dew v. EHO2002, L.L.C.) 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

Dew v. EHO2002, L.L.C., 9 So. 3d 150, 2009 La. LEXIS 1721 (La. 2009).

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Opinion

In re Easthaven Care and Rehabilitation Center; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of [151]*151Orleans, Civil District Court Div. D, No. 2007-15257; to the Court of Appeal, Fourth Circuit, No. 2009-C-0659.

Granted. It is well settled that the right of a litigant to a jury trial is fundamental in character and the courts will indulge every presumption against a waiver, loss, or forfeiture thereof. Berrigan v. Deutsch, Kerrigan & Stiles, 04-0189 (La.3/26/04), 871 So.2d 332. Considering the totality of the circumstances in this case, we find relator properly preserved its right to a jury trial. Accordingly, the judgment of the trial court striking the jury is reversed and the jury trial reinstated.

KNOLL, J., would deny.

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In re Easthaven Care and Rehabilitation Center; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of [151]*151Orleans, Civil District Court Div. D, No. 2007-15257; to the Court of Appeal, Fourth Circuit, No. 2009-C-0659.

Granted. It is well settled that the right of a litigant to a jury trial is fundamental in character and the courts will indulge every presumption against a waiver, loss, or forfeiture thereof. Berrigan v. Deutsch, Kerrigan & Stiles, 04-0189 (La.3/26/04), 871 So.2d 332. Considering the totality of the circumstances in this case, we find relator properly preserved its right to a jury trial. Accordingly, the judgment of the trial court striking the jury is reversed and the jury trial reinstated.

KNOLL, J., would deny.

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Bluebook (online)

9 So. 3d 150, 2009 La. LEXIS 1721, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dew-v-eho2002-llc-la-2009.