Rick Grey v. Magnolia Fleet, LLC

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

RICK GREY NO. 2021 CW 0481

VERSUS

MAGNOLIA FLEET, LLC JULY 06, 2021

In Re: Magnolia Fleet, LLC, applying for supervisory writs,

16th Judicial District Court, Parish of St. Mary, No. 132986.

BEFORE: CHUTZ, PENZATO, AND LANIER, JJ.

WRIT GRANTED WITH ORDER. The court' s March 29, 2021 judgment granting the Motion to Strike Jury Trial filed by plaintiff, Rick Grey (" Grey"), is reversed. Defendant, Magnolia Fleet, LLC (" Magnolia"), timely filed its own demand for jury trial, after the filing of Grey' s Motion to Strike Jury Trial. See La. Code Civ. P. art. 1733. We find Magnolia timely paid the cash deposit " no later than thirty days prior to trial,"

pursuant to La. Code Civ. P. art. 1734. 1. 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. See Berrigan v. Deutsch, Kerrigan & Stiles, LLP, 2004-- 0189 ( La. 3/ 26/ 04), 871 So. 2d 332. Therefore, the

plaintiff' s Motion to Strike Jury Trial is denied. The trial

court is ordered to reinstate the jury trial.

WRC AHP

WIL

COURT OF APPEAL, FIRST CIRCUIT

ZIXA DEPUTY ERK OF COURT FOR THE COURT