Thermo-Industries of Charlotte, Inc. v. Talton Construction Co.

Appellant contends that the transfer of this case from the Superior Court Division to the District Court Division in the General Court of Justice without giving appellant prompt notice of the effecting of said transfer and the subsequent denial of appellant’s demand for a jury trial constituted a denial of his right under the Constitution of North Carolina to trial by jury. We agree.

This case being originally instituted in the Superior Court of Wake County, appellant was entitled to a trial by jury unless jury trial was waived or the facts of the controversy were not in dispute. Sullivan v.…