Jacksonville State University v. Rush

ADAMS, Justice.

This petition for a writ of mandamus involves the right to a jury trial in a declaratory judgment action. Defendant, George S. Rush, d/b/a Rush Engineers, seeks to compel the Honorable Robert M. Parker, Circuit Judge, to grant his request for a jury trial made in his answer and counterclaim to the complaint. Plaintiff, Jacksonville State University, did not request a jury trial, and moved to strike defendant’s request. Judge Parker granted plaintiff’s motion. Defendant then sought review of the trial judge’s action by this petition.

The dispositive issue on this appeal is: Did…