Horton v. Blackrock Aggregates, LLC

Ill respectfully dissent. I find that the district court erred in striking the jury because BAC #2 Investments, L.L.C. (“BAC # 2”) and Gene Langkop, individually and doing business as Langkop Construction (“Langkop”), timely made the jury deposit. I would vacate the trial judgment and remand for new trial before a jury.

La. C.C.P. art. 1734.1, which sets forth the applicable deadlines for payment of the jury deposit, provides, in relevant part, as follows:

When the case has been set for trial, the court may order, in lieu of the bond required in Article 1734, a deposit for costs, which shall be…