BANK SOUTH v. HOWARD

S93G1658.

264 Ga. 339 (1994)

BANK SOUTH, N.A. v. HOWARD.

Supreme Court of Georgia.

Decided July 11, 1994.


Attorney(s) appearing for the Case

Kilpatrick & Cody, H. Quigg Fletcher III, Matthew H. Patton, Lisa S. Edwards, for appellant.

Branch, Pike & Ganz, Burt DeRieux, Keith J. Reisman, Daryl G. Clarida, Tanya M. Ashley, Cook & Palmour, Bobby Lee Cook, for appellee.


BENHAM, Presiding Justice.

Bank South sued Howard on a guaranty which contained a provision in which Howard purported to waive the right to a jury trial in any action on the guaranty. Based on that provision, the trial court struck Howard's demand for jury trial. The Court of Appeals reversed the trial court's judgment, holding that a valid waiver of jury trial must be knowing and voluntary, and that since Howard could not have known when he signed the guaranty contract...

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