Opinion
NO. 2018 CW 1667
04-05-2019
JOEL G. PORTER v. PEOPLE MAGAZINE TIME, INC., TIME INC BOOKS D/B/A PEOPLE MAGAZINE AND ANNE LANG AND STEVE HELLING (IN THEIR INDIVIDUAL AND OFFICIAL CAPACITIES WITH PEOPLE MAGAZINE AND THE TIME INC. BOOKS AND TIME, INC.)
In Re: Time Inc. and Steve Helling, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 644603. BEFORE: WHIPPLE, C.J., McCLENDON AND HIGGINBOTHAM, JJ.
WRIT GRANTED WITH ORDER. The district court's June 29, 2018, ruling finding Time Inc. and Steve Helling's request for a jury trial untimely is reversed. A pleading demanding a jury trial must be filed no later than ten days after (1) service of the last pleading directed to any issue triable by jury; or (2) the granting of a motion to withdraw a demand for a trial by jury. La. Code Civ. P. art. 1733(C). Time Inc. and Steve Helling filed an Answer and Affirmative Defenses on March 2, 2018, in which they included a request for a jury trial. Since Time Inc. and Steve Helling's jury demand was made in an answer, it necessarily was filed within ten days from the last pleading directed to any issue triable by jury. See Boudreaux v. Total CATV, Inc., 536 So.2d 571, 572 (La. App. 1st Cir. 1988). This matter is remanded to the district court with instructions to grant a jury trial to the Defendants, Time Inc. and Steve Helling.
VGW
PMc
Higginbotham, J., concurs. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT