Diana Velez v. GEICO Casualty Company

• Court: Louisiana Court of Appeal
• Decided: January 23, 2020
• Docket: 2019CW1397
• Status: Unknown

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

DIANA VELEZ NO. 2019 CW 1397

VERSUS

GEICO CASUALTY COMPANY JAN 2 3 2020

In Re: Diana Velez, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 2017- 12006.

BEFORE: WHIPPLE, C. J., McDONALD, THERIOT, CHUTZ, AND BURRIS, 1 JJ.

WRIT GRANTED. The district court' s October 17, 2019 judgment denying the " Motion to Strike Jury Order, to Remove the Case from the Jury Trial Docket, and Set Status Conference to Schedule a Bench Trial with New Pre - Trial Deadlines" filed by Plaintiff, Diana Velez, is reversed. Louisiana Code of Civil Procedure article 1733 requires that a for trial request a by jury be included in a pleading filed not later than ten days after either the service of the last pleading directed to any issue triable by a jury, or the granting of a motion to withdraw a demand for trial by jury. While the right to a jury trial is fundamental, it must be timely requested. Alkazin v. City of Baton Rouge, 97- 0738 ( La. 1st Cir. 11/ 7/ 97), App. 705 So. 2d 208, 211. It is undisputed that neither a request for a party made jury trial in a pleading. Therefore, the motion to strike the jury order and to remove the case from the jury trial docket is granted, and this matter is remanded to the district court for further proceedings.

VGW MRT

WRC WJB

McDonald, J., dissents and would deny the writ application. See Herlitz Construction Co., Inc. v. Hotel Investors of New Iberia, Inc., 396 So. 2d 878 ( La. 1981) ( per curiam).

DEPUTY CLE K OF COURT FOR THE COURT

Judge William J. Burris, retired, serving pro tempore by special appointment of the Louisiana Supreme Court.