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

Louisiana Court of Appeal·Decided June 23, 1989·No. No. W89-572·Published·Cited by 2 cases

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.

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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548 So. 2d 37 (Pope v. Penrod Drilling Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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