Connecticut National Bank v. L & R Realty

I respectfully dissent from the majority opinion as to the trial court’s striking of L & R Realty’s claim for a jury trial. I agree with the trial court that by signing the note, mortgage deed and guarantee, with the jury waiver clause, the defendants waived all claims to a trial by jury and that the action is in equity. There are two issues: (1) whether the jury waiver clauses located in the loan documents should be enforced and (2) whether the trial court was correct in its ruling that the action was essentially equitable.

I

The defendants admit in their pleadings, i.e., answer, special…