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 mandamus relief and held that L & D Transportation and George Berry were entitled to a jury trial because their timely jury demand had never been withdrawn, stricken, or waived. The court concluded that the trial court exceeded its discretion by denying the request to reset the case for a jury trial. Chief Justice Cobb, dissenting, would have denied mandamus because the petitioners acquiesced in the case's transfer to the nonjury docket and failed to show a clear legal right to relief.