Aubrey Smith, et al. VS Entergy Corporation, Charter Communications, LLC., State of Louisiana Through the Department of Transportation and Development
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STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT AUBREY ET AL SMITH N0 2013 CW 2080 VERSUS ENTERGY CORPORATION COMMUNICATIONS OF LOUISIANA DEPARTMENT AND CHARTER LLC STATE THROUGH OF THE TRANSPORTATION DECEMBER 5 DEVELOPMENT In Re ENTERGY LLC OF LOUISIANA for applying District Court LLC AND CHARTER writs supervisory Parish of 2013 COMMUNICATIONS 21st Tangipahoa Judicial No 2007 0002331 BEFORE PARRO WRIT court GUIDRY AND PETTIGREW JJ GRANTED ordering reversed Tae The November 15 2013 ruling of the trial jury stricken from the upcoming trial is State of Louisiana through the Department of the Transportation entitled to a jury and Development trial without a party in this lawsuit is posting a jury bond pursuant to La S 13 B R 5105 and E The right to a trial by jury in a civil case is a basic right and should be protected in the absence of specific authority for its denial Spencer v State ex rel Dept of Transp and Development 0539 2003 La App lst Cir 887 2d So 28 8 04 11 When a party makes a timely reauest and complies with the other procedural requisites its Id See also La Code right to a jury trial cannot be violated Civ P art 1736 We hereby remand this matter for further proceedings RHP JMG JTP COURT OF APPEAL POTY FOR CLERK THE FIRST OF CIRCUIT COURT COURT I
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