Dew v. Eho2002, LLC

9 So. 3d 150 (2009)

Mary DEW, et al.
v.
EHO2002, L.L.C., et al.

No. 2009-CC-1150.

Supreme Court of Louisiana.

May 27, 2009.

Granted. It is well settled that 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 thereof. Berrigan v. Deutsch, Kerrigan & Stiles, 04-0189 (La.3/26/04), 871 So. 2d 332. Considering the totality of the circumstances in this case, we find relator properly preserved its right to a jury trial. Accordingly, the judgment of the trial court striking the jury is reversed and the jury trial reinstated.

KNOLL, J., would deny.