Boone v. La. Farm Bur. Cas. Ins. Co.

Full title: BARBARA L. BOONE v. LOUISIANA FARM BUREAU CASUALTY INSURANCE COMPANY, ET AL

Court: Court of Appeal of Louisiana, Third Circuit

Date published: Feb 22, 1988

521 So. 2d 548 (La. Ct. App. 1988)

Opinion

No. W88-133.

February 22, 1988.

APPEAL FROM 14TH JUDICIAL DISTRICT COURT, PARISH OF CALCASIEU, STATE OF LOUISIANA, HONORABLE A. J. PLANCHARD, J.

Plauche, Smith Nieset, Frank M. Walker, Jr., Lake Charles, for Louisiana Farm Bureau Casualty Ins. Co.

Nathan Cormie, Lake Charles, for Boone.

Stockwell, Sievert, Viccellio, Clements Shaddock, Robert S. Dampf, Lake Charles, for other defendants.

Before LABORDE, YELVERTON and CULPEPPER^_, JJ.

_ Judge WILLIAM A. CULPEPPER, Retired, participated in this decision by appointment of the Louisiana Supreme Court as Judge Pro Tempore.

PER CURIAM.

Plaintiff filed suit alleging damages in excess of $75,000 and expressly demanded a trial by jury. Plaintiff subsequently filed an amending petition reducing her demand to the sum of $19,832.20, just below the jurisdictional amount required for a jury trial under LSA-C.C.P. Art. 1732(1). See Act 766 of 1987. Several days later the plaintiff filed a motion seeking to withdraw her request for trial by jury which was granted by the trial court. Louisiana Farm Bureau Casualty Insurance Company timely filed a motion for a trial by jury which was denied by the trial court. LSA-C.C.P. Art. 1733.

Our law does not countenance procedural maneuvers designed solely for the purpose of depriving a litigant of a right to a jury trial on the basis of jurisdictional amount. Cuny v. Guidry, 520 So.2d 1131 (La.App. 3rd Cir. 1987). We find that the plaintiff's amendment and subsequent withdrawal of her request for trial by jury was a procedural maneuver designed to deprive the defendants of a right to a trial by jury. We conclude that Louisiana Farm Bureau must not be prejudiced by plaintiff's withdrawal of her request for a jury trial and cannot be deprived of their right to timely request a trial by jury. See Cazes v. Ragusa, 336 So.2d 904 (La.App. 4th Cir. 1976). Therefore, for these reasons and considering the particular circumstances of this case, we conclude that the trial court erred in denying Louisiana Farm Bureau's request for a trial by jury, therefore the ruling is reversed and set aside.

WRIT GRANTED: IT IS ORDERED that the trial court vacate, annual and set aside its ruling denying defendant's request for trial by jury. It is also ordered that the trial court grant Louisiana Farm Bureau's request for trial by jury and allow the defendant to post their jury cost bond.