EX PARTE LEIGEBER

1911942.

623 So.2d 1068 (1993)

Ex parte Donna M. LEIGEBER and Melvin D. Leigeber. (Re Donna M. LEIGEBER and Melvin D. Leigeber v. ZONING BOARD OF ADJUSTMENT OF the CITY OF CULLMAN, Alabama.)

Supreme Court of Alabama.

June 25, 1993.


Attorney(s) appearing for the Case

Douglas Corretti and Mary Douglas Hawkins of Corretti & Newsom, Birmingham, for petitioners.

Stephen K. Griffith and Sister Lynn Marie McKenzie of Knight & Griffith, Cullman, for respondent.


MADDOX, Justice.

Donna and Melvin Leigeber petition this Court for a writ of mandamus directing Judge Fred Folsom of the Cullman County Circuit Court to vacate his May 8, 1992, order striking their demand for a jury trial. This mandamus petition presents two issues: (1) whether the 10-day time limitation in Rule 38(b), Ala.R.Civ.P., or the 30-day time limitation in that rule, applies to a jury demand made in an appeal from a final decision of a board of zoning adjustment...

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