Diana Velez v. GEICO Casualty Company

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

DIANA VELEZ NO. 2019 CW 1397

VERSUS

GEICO CASUALTY COMPANY JAN 2 3 2020

In Re: Diana Velez, applying for supervisory writs, 22nd
Judicial District Court, Parish of St. Tammany, No.
2017- 12006.

BEFORE: WHIPPLE, C. J., McDONALD, THERIOT, CHUTZ, AND BURRIS, 1
JJ.

WRIT GRANTED. The district court' s October 17, 2019
judgment denying the " Motion to Strike Jury Order, to Remove the
Case from the Jury Trial Docket, and Set Status Conference to
Schedule a Bench Trial with New Pre - Trial Deadlines" filed by
Plaintiff, Diana Velez, is reversed. Louisiana Code of Civil
Procedure article 1733 requires that a for trial
request a by
jury be included in a pleading filed not later than ten days
after either the service of the last pleading directed to any
issue triable by a jury, or the granting of a motion to withdraw
a demand for trial by jury. While the right to a jury trial is
fundamental, it must be timely requested. Alkazin v. City of
Baton Rouge, 97- 0738 ( La. 1st Cir. 11/ 7/ 97),
App. 705 So. 2d 208,
211. It is undisputed that neither a request for a
party made
jury trial in a pleading. Therefore, the motion to strike the
jury order and to remove the case from the jury trial docket is
granted, and this matter is remanded to the district court for
further proceedings.

VGW
MRT

WRC
WJB

McDonald, J.,
dissents and would deny the writ application.
See Herlitz Construction Co., Inc. v. Hotel Investors of New
Iberia, Inc., 396 So. 2d 878 ( La. 1981) ( per curiam).

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLE K OF COURT
FOR THE COURT

Judge William J. Burris, retired, serving pro tempore by special appointment
of the Louisiana Supreme Court.