EMERINE v. YANCEY

No. 94-CV-791.

680 A.2d 1380 (1996)

Richard J. EMERINE, Appellant, v. Richard H. YANCEY, Appellee.

District of Columbia Court of Appeals.

Decided August 8, 1996.


Attorney(s) appearing for the Case

John Edwards Harrison, with whom John C. Pasierb, Arlington, VA, was on the brief, for appellant.

Joseph C. Woytash Jr., Silver Springs, MD, with whom Francis G. McKenna was on the brief, for appellee.

Before FARRELL, RUIZ and REID, Associate Judges.


RUIZ, Associate Judge:

The principal issue in this appeal is whether defendant-appellant Richard Emerine was denied his right to trial by jury after the trial court allowed amendment of the complaint, over Emerine's objection, during a bench trial. We hold that because the amendment did not raise any issue that Emerine did not anticipate or could not have anticipated in light of the allegations of the original complaint, for which he did not demand a jury trial, he...

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