Legal Opinion

Ruston State Bank & Trust Co. v. Theodus

Louisiana Court of Appeal

Decided December 6, 1978No. 13795PublishedCited by 5 opinions

1Opinion of the Court

HALL, Judge.

This suspensive appeal by defendant is from an order denying him a jury trial of all issues in this suit on a continuing guaranty agreement. The trial court’s order, grounded on LSA-C.C.P. Art. 1733(2), limits the issues to be tried by the jury to the pleaded defenses of fraud, error and want or failure of consideration; all other issues to be determined by the judge.

It appearing that the appeal is from an order which is neither a final judgment nor an interlocutory order which may cause irreparable injury, this court notified counsel for appellant to show cause why the appeal…

2Cases cited9 opinions

  1. Bunkie Bank & Trust Co. v. Avoyelles Parish Pol.Louisiana Court of Appeal · 1977
  2. Guidroz v. State Farm Fire and Casualty Co.Louisiana Court of Appeal · 1976
  3. Sonnier v. Gray Tool Co.Louisiana Court of Appeal · 1978
  4. Wilson Sporting Goods Co. v. AlwesLouisiana Court of Appeal · 1944
  5. Millet v. JohnsonLouisiana Court of Appeal · 1977

4 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Bernard v. Allstate Ins. Co.Louisiana Court of Appeal · 1981
  2. STATE, DEPT. OF TRANSP. & DEV. v. WilliamsonLouisiana Court of Appeal · 1990
  3. Hunter v. Health & Social & RehabilitationLouisiana Court of Appeal · 1979
  4. Ruston State Bank & Trust Co. v. TheodusLouisiana Court of Appeal · 1979
  5. Ruston State Bank & Trust Co. v. TheodusSupreme Court of Louisiana · 1979

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