Legal Opinion

Nugent v. United States Fidelity & Guaranty Co.

Louisiana Court of Appeal

Decided October 25, 1989No. W89-1053PublishedCited by 2 opinions

1Opinion of the Court

WRIT GRANTED AND MADE PEREMPTORY:

A litigant is prohibited from including a demand for a specific sum of money in the allegations or prayer of his pleading. La. C.C.P. Art. 893. The nature and amount of the demand shall decide whether a principal or incidental demand is triable by a jury. La. C.C.P. Art. 1731. A jury trial is not available where the amount in dispute, exclusive of interest and costs, does not exceed $20,000.00. La. C.C.P. Art. 1732. Plaintiff’s or defendant’s right to a jury trial depends on the good faith amount in dispute. Cambridge Corner Corp. v. Menard, 525 So.2d 527…

2Cases cited2 opinions

  1. Cambridge Corner Corp. v. MenardSupreme Court of Louisiana · 1988
  2. Hortman-Salmen Co. v. WhiteSupreme Court of Louisiana · 1929

3Cited by2 opinions

  1. Zeller v. JordingLouisiana Court of Appeal · 1993
  2. Inzerella v. Wal-Mart Stores, Inc.Louisiana Court of Appeal · 1994

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