STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT WILLIAM FLYNN AND BILLIE NO. 2022 CW 0202 FLYNN

VERSUS

JOE THORNHILL, ANYTIME MARCH 16, 2022 FITNESS & MARKEL INSURANCE COMPANY

In Re: Thornhill Brothers Fitness, LLC d/ b/ a Anytime Fitness, Markel Insurance Company, and Anytime Fitness, LLC, applying for supervisory writs, 18th Judicial District Court, Parish of West Baton Rouge, No. 45828.

BEFORE: GUIDRY, HOLDRIDGE, AND CHUTZ, JJ.

WRIT DENIED.

wr, Guidry, J., dissents. I would grant the writ, reverse the district court' s February 11, 2022 ruling which denied the motion to strike jury trial filed by defendants, and grant the motion to strike jury trial. The district court issued an order requiring a cash bond of $ 10, 000. 00 to be posted no later than 60 days prior to trial, and the trial was scheduled on March 21, 2022. Notice of the bond amount and the deadline set by the court for the cash deposit was mailed by the clerk to counsel for the parties. See La. Code Civ. P. art. 1914. When the defendants, which requested a trial by jury, failed to post the cash deposit by the required deadline, plaintiffs then had an additional ten days, or until January 31, 2022, to make the required deposit, which plaintiffs failed to do. Failure to post the cash deposit as required constitutes waiver of trial by jury. La. Code Civ. P. art. 1734. 1; Riddle v. Bickford, 2000- 2408 ( La. 5/ 15/ 01), 785 So. 2d 795, 799.

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY C ERK OF COURT FOR THE COURT