Rowe Furniture Corp. v. Carolina Wholesale Furniture Co.

This is an appeal from an order of the Circuit Court denying the motion for a jury trial by appellants Carolina Wholesale Furniture Co., Inc., and William H. and Faye W. Smoak in the suit against them by respondent Rowe Furniture Corporation. We dismiss the appeal as premature.

S.C.R. Civ. P. 38 provides that the failure of a party to demand a jury trial within ten days of the service of the last pleading constitutes a waiver of trial by jury. Carolina Wholesale and Mr. and Mrs. Smoak did not demand a jury trial as required by this rule.

Rule 39(b) provides that “notwithstanding the failure of…