Zimmer Homes Corp. v. Baker

BOYER, Chief Judge

(concurring specially) .

I concur in reversal and remand. Upon remand a trial should be held on the merits. The record-on-appeal does not reveal a demand for jury trial but neither does it affirmatively reveal that no such demand was made. Whether the case is tried before the court or by jury will, of course, depend upon whether or not a timely demand for jury trial was made.