John R. Roucher v. Asbestos Corporation, LTD.

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

JOHN R. ROUCHER NO. 2019 CW 1593

VERSUS

ASBESTOS CORPORATION, LTD., MARCH 16, 2020 ET AL.

In Re: Foster Wheeler, LLC, applying for supervisory writs,

18th Judicial District Court, Parish of Iberville, No. 73475.

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

WRIT NOT CONSIDERED. Relator failed to provide the filed notice of intent and order setting return date in violation of

Uniform Rules of Louisiana Courts of Appeal Rule 4- 5( 11) and,

therefore, this court cannot ascertain whether the writ

application was timely filed.

Supplementation of this writ application and/ or an

application for rehearing will not be considered. Uniform Rules of Louisiana Courts of Appeal, Rules 2- 18. 7 & 4- 9.

In the event relator seeks to file a new application with

this court, it must contain all pertinent documentation, including documentation to show that the original writ

application was timely filed, and must comply with Uniform Rules of Louisiana Courts of Appeal, Rule 2- 12. 2. Any new application must be filed on or before April 14, 2020, and must contain a

copy of this ruling.

VGW MRT AHP

McDonald and Chutz, JJ., dissent and would reverse the trial court' s judgment which granted plaintiff' s motion to strike the jury demand. 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. A.lkazin v. City of Baton Rouge, 97- 0738 ( La. lst Cir. App. 11/ 7/ 97), 705 So. 2d 208, 211. The filed its relator timely demand for a jury trial in its answer to the plaintiffs' fourth and fifth supplemental and amending petitions pursuant to La. Code Civ. P. art. 1733( C).

EPUTY CLE K kp OF COURT FOR THE COURT