RUSTON STATE BANK & TRUST CO. v. THEODUS

No. 13795.

366 So.2d 218 (1978)

RUSTON STATE BANK & TRUST COMPANY, Plaintiff-Appellee, v. George THEODUS et al., Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

December 6, 1978.


Attorney(s) appearing for the Case

Blackwell, Chambliss, Hobbs & Henry by James A. Hobbs, West Monroe, for defendant-appellant George Theodus.

Goff, Goff & Levy by A. K. Goff, Jr., Ruston, for plaintiff-appellee.

Before BOLIN, PRICE and HALL, JJ.


HALL, Judge.

This suspensive appeal by defendant is from an order denying him a jury trial of all issues in this suit on a continuing guaranty agreement. The trial court's order, grounded on LSA-C.C.P. Art. 1733(2), limits the issues to be tried by the jury to the pleaded defenses of fraud, error and want or failure of consideration; all other issues to be determined by the judge.

It appearing that the appeal is from an order which is neither a final judgment...

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