David Steed & Associates, Inc. v. Young

I dissent for the following reasons: (1) the issuance of this particular writ is premature because the trial court, contrary to the majority’s statement, has not finally determined whether the petitioners will receive a jury trial on the issues raised in their counterclaim; (2) even if the trial court had denied the petitioners a jury trial on the issues raised in their counterclaim, such action would not be erroneous under the long established and consistent precedent of this Court, dating from the inception of the Idaho Constitution; (3) even if the trial court had entered an erroneous…