Carter v. Colonial Bank, N.A.

Elizabeth Roper Carter, John Randolph Roper, and the Estate of Frances Elizabeth Parham Roper (“the estate”), the plaintiffs in an action pending in the Madison Circuit Court (hereinafter referred to collectively as “the plaintiffs”), petition this Court for a writ of mandamus directing the circuit court to vacate an order striking their demand for a jury trial. We deny the petition in part, grant it in part, and issue the writ.

Fachial Background and Procedural History

The plaintiffs allege the following facts. Frances Elizabeth Parham Roper died on September 21, 2007. Elizabeth Roper Carter…