Fessler v. Miller

MOORE, Judge.

Curtis Fessler appeals from a judgment of the Lee Circuit Court (“the trial court”) awarding David Miller compensatory damages following a bench trial. Fessler contends that the trial court erred in denying his demand for a trial by jury. We affirm.

On October 1, 2009, Miller filed a complaint against Fessler seeking $25,182.78 in damages for breach of contract, money had and received, money paid by mistake, and money lent. Fessler, through his attorney of record, moved to dismiss the complaint on November 12, 2009. On December 4, 2009, the trial court denied the motion to dismiss…