Nugent v. United States Fidelity & Guaranty Co.

Louisiana Court of Appeal
Nugent v. United States Fidelity & Guaranty Co., 551 So. 2d 797 (1989)
1989 La. App. LEXIS 1818; 1989 WL 127175

Nugent v. United States Fidelity & Guaranty Co.

Opinion of the Court

WRIT GRANTED AND MADE PEREMPTORY:

A litigant is prohibited from including a demand for a specific sum of money in the allegations or prayer of his pleading. La. C.C.P. Art. 893. The nature and amount of the demand shall decide whether a principal or incidental demand is triable by a jury. La. C.C.P. Art. 1731. A jury trial is not available where the amount in dispute, exclusive of interest and costs, does not exceed $20,000.00. La. C.C.P. Art. 1732. Plaintiff’s or defendant’s right to a jury trial depends on the good faith amount in dispute. Cambridge Corner Corp. v. Menard, 525 So.2d 527 (La. 1988). The party who contends he comes within an exception to a general rule established by statute must prove it. Cambridge Corner Corp. v. Menard, supra; Hortman-Salmen v. White, 168 La. 1049, 123 So. 709 (1929). Plaintiff, in order to have defendant’s request for a jury trial stricken on the basis that the good faith amount in dispute is less than $20,000.00, must prove it. Until the plaintiff’s petition is amended to claim the amount in dispute is less than the jurisdictional amount required for a jury trial, or until plaintiff has proven at a hearing to strike defendant’s demand for a jury trial that the good faith amount in dispute is $20,000.00 or less, the plaintiff is not entitled to have defendant’s request for a jury trial stricken. For these reasons, relator is still presently entitled to a jury trial and the trial court’s order, dated August 16, 1989, denying such jury trial is hereby reversed, vacated, and set aside.

Reference

Full Case Name
Dwain NUGENT v. UNITED STATES FIDELITY & GUARANTY CO.
Cited By
2 cases
Status
Published