KA-0005-1223 Nonprecedential Processed

David W. Duhon v. State Farm Mutual Automobile Insurance Company

Louisiana Court of Appeal, Third Circuit · Filed September 19, 2005

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Opinion text

STATE OF LOUISIANA

COURT OF APPEAL, THIRD CIRCUIT

NO: CW 05-01223

DAVID W. DUHON
VERSUS
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

FILED: 09/16/05

On application of David Duhon for Supervisory Writ in No. 101,170-E on the docket
of the Sixteenth Judicial District Court, Parish of Iberia, Honorable Keith Rayne Jules
Comeaux.

Counsel for:
David W. Groner David Duhon
Frank Edward Barber
April N. Petry

Counsel for:
M. Katherine P. Martin State Farm Mutual Automobile Insurance
Company

Lake Charles, Louisiana, on September 19, 2005.

WRIT GRANTED AND MADE PEREMPTORY.
We find that the trial court erred in denying the motion to strike the demand for
jury trial. A jury bond must be filed within the time period ordered by the trial
court pursuant to La.Code Civ.P. art. 1734. Riddle v. Bickford, 00-2408 (La.
5/15/01), 785 So.2d 795. Therefore, we hereby reverse the trial court’s ruling
denying the motion to strike the jury demand and remand this matter to the
trial court for further proceedings in accordance with this court’s ruling herein.
We also grant the plaintiffs-relators’ request that this court designate its
opinion for publication.

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S. R. C. J. C. P. J. T. G.