Legal Opinion · Dissent

Guzman v. Crispy Catfish & Seafood, Inc.

Louisiana Court of Appeal

Decided November 16, 1995No. 95-C-2161Published

1Dissent

| iPLOTKIN, Judge,

dissents with written reasons:

Although I agree with the majority’s statement of the facts in this case, I disagree with its application of the law. This controversy is controlled by La.C.C.P. art. 1733, relative to jury trial, which provides as follows:

A. A party may obtain a trial by jury by filing a pleading demanding a trial by jury and a bond in the amount and within the time set by the court pursuant to Article 1734.

B. A motion to withdraw a demand for a trial by jury shall be in writing.

C. The pleading demanding a trial by jury shall be filed not later than ten days…

2Cases cited5 opinions

  1. Champagne v. American Southern Insurance Co.Supreme Court of Louisiana · 1974
  2. Cambridge Corner Corp. v. MenardSupreme Court of Louisiana · 1988
  3. Parker v. Rowan Companies, Inc.Supreme Court of Louisiana · 1991
  4. Sanders v. Old Quarter Tours, Inc.Louisiana Court of Appeal · 1986
  5. Zeller v. JordingLouisiana Court of Appeal · 1993

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