Reuben H. Donnelley Corp. v. Earles

Defendant, Lucius Earles, appeals from an order entering a default judgment against him and waiving his jury demand. We reverse and remand.

Plaintiff, Reuben Donnelley Corporation (Donnelley), filed a complaint for breach of contract against Earles in June 1987. Earles filed an appearance, answer, and jury demand. The case was given a priority trial date of March 17, 1993. Donnelley’s attorney, a witness for Donnelley, and Earles’ attorney appeared in court for trial. Earleswas not present. The trial court asked Earles’ attorney to waive the jury demand. Earles’ attorney stated that she could…