Skidmore Hall v. Rottman

The issue presented in this case is whether a jury demand attached to a reply to a compulsory counterclaim applies to the original complaint when the counterclaim is dismissed prior to trial. We hold that it does.

Appellee Skidmore & Hall filed a complaint against appellants upon an alleged contract for legal services. Appellants filed an answer denying liability on the alleged contract and a counterclaim for attorney malpractice. No jury demand was contained in the complaint, answer, or counterclaim. Skidmore & Hall then filed a reply to the counterclaim, which contained a demand for a trial…