Opinion
No. TT-430.
February 6, 1981.
Appeal from the Circuit Court, Clay County, Lamar Winegeart, Jr., J.
Willard E. Parsons and Michael A. Kolcun, Jacksonville, for appellant.
William A. Wilkes of Anderson, Wilkes McAnnally, Green Cove Springs, for appellee.
On July 19, 1978, the bank filed a complaint alleging that Knowles had failed to pay a $10,000 note due with interest since July 1977. Knowles answered by denying the allegations and by affirmatively alleging that he had already paid the note. He also made a timely demand for a jury trial. After a pretrial conference, the trial court denied Knowles' demand and set the matter for trial without a jury. The trial court subsequently entered a judgment in favor of the bank.
We must reverse. The pleadings set forth an action at law. Accordingly, we hold that Knowles is entitled to a jury trial and remand the cause to the trial court for further proceedings consistent with this opinion.
MILLS, C.J., and McCORD and THOMPSON, JJ., concur.