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953 So. 2d 812

Plotkin v. Broadmoor, L.L.C.

Supreme Court of Louisiana

Decided April 11, 2007

Supreme Court of Louisiana · decided 2007-04-11

Relies on 658 So. 2d 190 - Dept. of Transp. & Develop. v. Walker · Berrigan v. DEUTSCH, KERRIGAN & STILES, LLP

Decided 2007-04-11

PER CURIAM.

¶1Writ granted. The decision of the court of appeal to grant the plaintiffs’ motion to strike the jury is reversed and the trial court’s ruling denying the motion to strike the jury is reinstated for the reasons explained by the trial court. See Berrigan v. Deutsch, Kerrigan & Stiles, 04-0189 (La.3/26/04), 871 So.2d 332, citing State v. Walker, 95-0185 (La.6/30/95), 658 So.2d 190 (the right of a litigant to a jury trial is fundamental in character and the courts will indulge every presumption against a waiver, loss, or forfeiture).

KIMBALL and TRAYLOR, JJ., would deny the application.
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