William Flynn and Billie Flynn v. Joe Thornhill, Anytime Fitness & Markel Insurance Company

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

WILLIAM FLYNN AND BILLIE NO. 2022 CW 0202
FLYNN

VERSUS

JOE THORNHILL, ANYTIME MARCH 16, 2022

FITNESS & MARKEL INSURANCE
COMPANY

In Re: Thornhill Brothers Fitness, LLC d/ b/ a Anytime Fitness,

Markel Insurance Company, and Anytime Fitness, LLC,

applying for supervisory writs, 18th Judicial District

Court, Parish of West Baton Rouge, No. 45828.

BEFORE: GUIDRY, HOLDRIDGE, AND CHUTZ, JJ.

WRIT DENIED.

wr,
Guidry, J., dissents. I would grant the writ, reverse the

district court' s February 11, 2022 ruling which denied the

motion to strike jury trial filed by defendants, and grant the

motion to strike jury trial. The district court issued an order
requiring a cash bond of $ 10, 000. 00 to be posted no later than

60 days prior to trial, and the trial was scheduled on March 21,
2022. Notice of the bond amount and the deadline set by the

court for the cash deposit was mailed by the clerk to counsel

for the parties. See La. Code Civ. P. art. 1914. When the

defendants, which requested a trial by jury, failed to post the

cash deposit by the required deadline, plaintiffs then had an

additional ten days, or until January 31, 2022, to make the

required deposit, which plaintiffs failed to do. Failure to

post the cash deposit as required constitutes waiver of trial by
jury. La. Code Civ. P. art. 1734. 1; Riddle v. Bickford, 2000-
2408 ( La. 5/ 15/ 01), 785 So. 2d 795, 799.

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY C ERK OF COURT
FOR THE COURT