EX PARTE WAITES

83-511.

472 So.2d 964 (1984)

Ex parte Betty Jean WAITES. (In re Betty Jean WAITES v. AUBURN CENTERS, LTD., etc., et al.)

Supreme Court of Alabama.

As Corrected on Denial of Rehearing May 31, 1985.


Attorney(s) appearing for the Case

Alvin T. Prestwood and Claude P. Rosser, Jr., Montgomery, for petitioner.

Kenneth L. Funderburk of Phillips & Funderburk, Phenix City, for respondents Auburn Centers, Ltd., The Flournoy Co. and Robert T. Flournoy.

Phillip E. Adams, Jr. of Walker, Hill, Adams, Umbach, Herndon & Dean, Opelika, for respondent Freeman & Associates, Inc.


ADAMS, Justice.

This is a petition for writ of mandamus filed by the plaintiff Betty Jean Waites, against the Honorable G.H. Wright, Jr., circuit judge in Lee County, seeking to require him to allow a jury trial as to all parties and all issues.

On December 30, 1983, Judge Wright denied petitioner's demand for a jury trial because it had not been timely filed and because plaintiff's amendment to her complaint had added no "new issues" to those already included...

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