CUNY v. GUIDRY

No. W87-764.

520 So.2d 1131 (1987)

Tom CUNY, Plaintiff-Respondent, v. Julie A. GUIDRY, Defendant-Relator.

Court of Appeal of Louisiana, Third Circuit.

December 9, 1987.


Attorney(s) appearing for the Case

Jeansonne & Briney, Patrick J. Briney, Lafayette, for defendant-relator.

William H. Lambert, Lafayette, for plaintiff-respondent.

Before FORET, YELVERTON and KNOLL, JJ.


FORET, Judge.

We granted certiorari to consider whether or not a plaintiff, in a matter otherwise triable by jury, can defeat defendant's right to a trial by jury where the plaintiff filed a suit for an amount in excess of the jurisdictional requirement for the right to a jury trial, and where the defendant has timely requested and been granted a jury trial, by amending his petition to demand an amount less than the jurisdictional amount for jury trials.

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