Pope v. Penrod Drilling Co.

Louisiana Court of Appeal

Pope v. Penrod Drilling Co.

548 So. 2d 37, 1989 La. App. LEXIS 1257, 1989 WL 68221

CourtLouisiana Court of Appeal

DecidedJune 23, 1989

DocketNo. W89-572

StatusPublished

Cited by2 cases

This text of 548 So. 2d 37 (Pope v. Penrod Drilling Co.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Pope v. Penrod Drilling Co., 548 So. 2d 37, 1989 La. App. LEXIS 1257, 1989 WL 68221 (La. Ct. App. 1989).

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Opinion

WRIT GRANTED AND MADE PEREMPTORY:

The trial court erred in denying relator’s request for a jury trial. La.Code Civ.Proc. art. 1732(6) only affects suits that have been filed after the amendment’s effective date. Cambridge Corner Corp. v. Menard, 525 So.2d 527 (La.1988); Marks v. Petroleum Helicopters, Inc., an unreported decision bearing Number W89-447 on the Docket of the Court rendered on May 1, 1989. Since C.C.P. art. 1732(6) was not effective until September 7, 1988 and since this suit was filed on May 21, 1986, relator is entitled to a jury trial.

IT IS ORDERED that the trial court’s judgment striking relator’s prayer for a jury trial be and the same is hereby reversed.

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WRIT GRANTED AND MADE PEREMPTORY:

The trial court erred in denying relator’s request for a jury trial. La.Code Civ.Proc. art. 1732(6) only affects suits that have been filed after the amendment’s effective date. Cambridge Corner Corp. v. Menard, 525 So.2d 527 (La.1988); Marks v. Petroleum Helicopters, Inc., an unreported decision bearing Number W89-447 on the Docket of the Court rendered on May 1, 1989. Since C.C.P. art. 1732(6) was not effective until September 7, 1988 and since this suit was filed on May 21, 1986, relator is entitled to a jury trial.

IT IS ORDERED that the trial court’s judgment striking relator’s prayer for a jury trial be and the same is hereby reversed.

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Bluebook (online)

548 So. 2d 37, 1989 La. App. LEXIS 1257, 1989 WL 68221, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pope-v-penrod-drilling-co-lactapp-1989.

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