Rick Grey v. Magnolia Fleet, LLC

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