First Western Bank of Minot v. Wickman

LEVINE, Justice.

Gerald Wickman and Alice Wickman (Wickmans) appeal from a judgment entered after a bench trial dismissing their counterclaim against First Western Bank for fraud and misappropriation.

The dispositive issue on appeal is whether the trial court wrongfully accepted Wickmans’ counsel’s waiver of jury trial. 1 We conclude that it did and we reverse and remand for jury trial.

The Wickmans timely demanded a jury trial on their counterclaim. The trial court denied First Western’s pretrial motion to strike the jury trial and again denied First Western’s renewal of that motion at the…