Ex Parte Carson Sweeney. (in Re Timmy Joe Holland v. Carson Sweeney)

Summary

The Alabama Supreme Court granted Sweeney’s writ of mandamus, holding that the circuit court erred in striking his demand for a jury trial because the right was not waived; the lower court’s order was vacated. The Court noted that waiver of a jury right requires either a statutory/federal mandate or an express pre‑litigation contract, and that untimely filing of an answer does not constitute waiver. Justice Murdock filed a specially‑concurring opinion clarifying the limited circumstances of waiver.