Opinion
2021-CC-01105
08-11-2021
HAROLD PIERITE AND HEATHER PIERITE v. FOUR TOWERS TRANSPORTATION, INC., ET AL. DANEIJAH SMITH v. FOUR TOWERS TRANSPORTATION, INC., ET AL.
Four Towers Transportation, Inc. - Applicant Defendant; Starr Indemnity & Liability Insurance Company - Applicant Other; Applying For Supervisory Writ, Parish of Avoyelles, 12th Judicial District Court Number(s) 2018-5865-A, Court of Appeal, Third Circuit, Number(s) CW 21-00159;
Writ application granted. See per curiam.
PDG
JLW
JTG
WJC
JBM
PER CURIAM
Our jurisprudence has long recognized that "the right of a litigant to jury trial is fundamental in character and the courts will indulge every presumption against a waiver, loss or forfeiture thereof." Champagne v. American Southern Ins. Co., 295 So.2d 437, 439 (La. 1974).
In this case, relators filed their jury deposit within ten days of the date another party failed to make a timely deposit. Relator's jury deposit is therefore timely. See La. Code Civ. P. art. 1734.1; Willeby v. JE Merit Constructors, Inc., 04-2421 (La.App. 1 Cir. 6/10/05), 917 So.2d 21. We find Plauche v. Liberty Mut. Ins. Co., 2011-1288 (La.App. 3 Cir. 5/16/12), 89 So.3d 521, writ denied, 2012-1365 (La. 10/8/12), 98 So.3d 854, distinguishable from the matter sub judice.
Accordingly, the writ is granted. The judgment of the district court is reversed, and the jury trial is reinstated. The case is remanded to the district court for further proceedings.