EX PARTE CUPPS

1991117.

782 So.2d 772 (2000)

Ex parte Ted Stanley CUPPS. (Re SouthTrust Bank of Alabama, N.A. v. Ted Stanley Cupps).

Supreme Court of Alabama.

October 20, 2000.


Attorney(s) appearing for the Case

Charles K. Hamilton of Bainbridge, Mims, Rogers & Smith, L.L.P., Birmingham, for petitioner.

A. Joe Peddy and Bryan Scott Tyra of Smith, Spires & Peddy, P.C., Birmingham, for respondent.


MADDOX, Justice.

Ted Stanley Cupps, the defendant in an action pending in the Walker Circuit Court, petitions for a writ of mandamus directing the circuit court to vacate its order striking his jury demands. The substantive question presented is whether a contractual waiver of the right to a jury trial, which expressly applies only to claims "arising under" the contract containing the waiver, bars a jury trial on all of Cupps's claims against the other contracting...

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