Roy v. Warner

Supreme Court of Louisiana

Roy v. Warner

140 So. 3d 1167, 2014 WL 2683161, 2014 La. LEXIS 1207

CourtSupreme Court of Louisiana

DecidedMay 16, 2014

DocketNo. 2014-CC-0438

StatusPublished

This text of 140 So. 3d 1167 (Roy v. Warner) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Roy v. Warner, 140 So. 3d 1167, 2014 WL 2683161, 2014 La. LEXIS 1207 (La. 2014).

Pincite

Opinion

In re State Farm Mutual Automobile Insurance Company; Warner, Bernell et al.; — Defendant(s); Applying For Supervisory and/or Remedial Writs, Parish of Rapides, 9th Judicial District Court Div F, No. 236,954; to the Court of Appeal, Third Circuit, No. CW 14-00030.

Granted. It is well settled that 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. State v. Walker, 95-0185 (La.6/30/95), 658 So.2d 190, 192. The record of the instant case reflects relator made a timely request for jury trial upon learning the value of plaintiffs’ claims exceeded the jury trial threshold. Accordingly, the judgment of the district court [1168]*1168striking the jury trial is reversed. Case remanded to the district court for further proceedings.

CLARK and HUGHES, JJ., would deny.

Free access — add to your briefcase to read the full text and ask questions with AI

In re State Farm Mutual Automobile Insurance Company; Warner, Bernell et al.; — Defendant(s); Applying For Supervisory and/or Remedial Writs, Parish of Rapides, 9th Judicial District Court Div F, No. 236,954; to the Court of Appeal, Third Circuit, No. CW 14-00030.

Granted. It is well settled that 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. State v. Walker, 95-0185 (La.6/30/95), 658 So.2d 190, 192. The record of the instant case reflects relator made a timely request for jury trial upon learning the value of plaintiffs’ claims exceeded the jury trial threshold. Accordingly, the judgment of the district court [1168]*1168striking the jury trial is reversed. Case remanded to the district court for further proceedings.

CLARK and HUGHES, JJ., would deny.

Cite This Page — Counsel Stack

Bluebook (online)

140 So. 3d 1167, 2014 WL 2683161, 2014 La. LEXIS 1207, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roy-v-warner-la-2014.

Opinion

Related

Cite This Page — Counsel Stack