Ex Parte L & D Transportation and George Berry. (in Re Brian Jones v. L & D Transportation and George Berry)

Summary

The Supreme Court of Alabama granted a writ of mandamus ordering the trial court to set the case for a jury trial, holding that the petitioners had not waived their timely jury demand and that the trial court exceeded its discretion in denying the motion. The Court relied on the constitutional guarantee of a jury trial and the Alabama Rules of Civil Procedure, finding no conduct by the petitioners that indicated a waiver. Justice Cobb dissented, arguing that the petitioners’ conduct amounted to a waiver and that mandamus was not warranted.