Mann v. Audubon Indemnity Co., No. 95-CC-2015

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Notebook

No. 95-CC-2015 | La. | Nov 13, 1995

Lead Opinion

In re Audubon Indemnity Co.; Rug and Carpet Center; Terrell, Joseph M.; — Defen*457dant(s); applying for supervisory and/or remedial writs; Parish of Orleans, Civil District Court, Div. “F”, No. 93-15528; to the Court of Appeal, Fourth Circuit, No. 95CW-1085.

Granted. Judgment of the court of appeal is reversed. Judgment of the trial court granting defendant’s motion to strike the jury trial is reinstated. Case remanded to the trial court for further proceedings.

Concurrence Opinion

LEMMON, J.,

concurs, agreeing with the trial court that the supplemental and amended petition was filed solely for the purpose of circumventing the time limitations of La. Code Civ.Proe. art. 1733.