Seymour v. Swart

KAUGER, Justice.

The dispositive question is whether an initial waiver of trial by jury, and of the right to transfer a cause from the small claims docket to the regular docket of the district court, remains binding after the judgment is reversed on appeal and remanded for a new trial.

Edward A. Seymour, appellee, and Kelli Ann Swart, appellant, were involved in an automobile collision in which each of their cars received minor damage. Seymour, appearing pro se, filed suit in small claims division of the district court to recover $348.90 for damages sustained to his vehicle. Swart…