Fox v. Burden

[¶ 48.] I concur on Issues 1, 2, 3 and 5.1 dissent on Issues 4 and 6.

[¶ 49.] I would reverse and remand to permit the amendment of Mother’s answers to interrogatories and to require a jury trial, including the claim for setoff.

[¶ 50.] I dissent on Issue 4 because the trial court erred in denying a jury trial.

[¶ 51.] 4. The trial court erred in denying a jury trial.

[¶ 52.] The trial court erred in denying a jury trial because this claim is in essence a claim for money damages. Under the constitution, any person has a right to a jury trial on claims for money damages. This absolute right to a…