PHILLIPS v. SCHMIDT

No. 6741.

311 So.2d 471 (1975)

John PHILLIPS, Individually and on behalf of Antonio Phillips and Scott Phillips v. Ray R. SCHMIDT, Sr., Individually and as the father of Ray R. Schmidt, Jr. and Security Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

April 15, 1975.


Attorney(s) appearing for the Case

Bienvenu & Culver, H. F. Foster, III, New Orleans, for Ray Schmidt, Sr., and others, defendants-appellees.

Michael S. Guillory, Sanford Krasnoff, New Orleans, for John Phillips, and others, plaintiffs-appellants.

Before SAMUEL, LEMMON and BOUTALL, JJ.


BOUTALL, Judge.

This is an appeal by plaintiff from a judgment: (1) recalling an order of court fixing the amount of a jury cost bond and the time within which it is to be filed; (2) ordering the case to be fixed for trial on its merits on the non-jury docket of court; and (3) denying a request for transfer to the jury docket.

To understand the procedural posture of the case it is necessary to relate the sequence of filing of the various pleadings:

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