Sunamerica Financial Corp. v. Equi-Data, Inc.

Goolsby, Judge:

The dispositive issue in this appeal by Equi-Data, Inc. is whether it waived its right to a jury trial by consenting to an order of reference. We hold it did not do so and reverse and remand for a trial by jury.

Sunamerica Financial Corporation brought this action against Equi-Data alleging, among other things, breach of contract, breach of contract accompanied by a fraudulent act, and unfair trade practices. Equi-Data filed a timely answer to the complaint in which it demanded a jury trial. It also interposed three counterclaims against Sunamerica.

When the case was called for…