Husar v. Larimer County Court

KELLY, Judge.

Randy Húsar appeals from the dismissal by the district court of a petition for writ in the nature of mandamus which requested an order requiring respondent to provide Húsar with a jury trial in an action under § 13-40-104 of the Forcible Entry and De-tainer Act, § 13-40-101, et seq., C.R.S. 1973, and under § 38-12-201 of the Mobile Home Park Landlord-Tenant Act, § 38-12-201, et seq., C.R.S. 1973 (1980 Cum.Supp.). We reverse.

Under our state constitution, trial by jury in a civil action is not a matter of right. Setchell v. Dellacroce, 169 Colo. 212, 454 P.2d 804 (1969); Parker v.…