Kristian Johnson and Tamika Stewart, on Behalf of the Minor, Terriel Stewart VS Shane Boren and America First Insurance Company
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STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT KRISTIAN JOHNSON STEWART ON MINOR AND BEHALF TERRIEL A TAMIK OF 2013 PdO CW 7 20 THE STEWART VERSUS SHANE SOREN AND AMERICA FIRST INSJRANCE Kristian In Re R DECEMBc 6 Johnson Terriel and 19th writs supervisory Parish of East Baton Rouge BEFORE PARRO WRST August an l 2013 a sixty individual McDONALD Based which amended Judicial No La Code Court 312 595 No 2013 for applying District CH WEI AND DRAFCE Acts on Stewart 391 Civ P JJ l effective art 1732 to defendant is not entitled to a trial by jury if or otherwise stipulates ioner peti judicially individual admits GUIDRY GRANTED provide that 2013 COMPANY days or more pricr s petitioner cause to of trial that ion ac does the not amount of exceed the fifty thousand dollars exclusive of interest and costs the district court erred in not giving effect to plaintiffs September 19 2013 stipulation which was filed more than si days prior to ty the Decernber 2C13 trial date the district 9 Accordingly s court November 15 2013 orcer granting defendants request for a We hereby remand the matter to the jury trial is reversed trial court for the resetting of this matter for a bench trial E GD RHP JEW Guidry J McDonald with the dissents J and would deny the writ dissents and trial court reasons s JRT CO OF APPEAL PUTY FOR CLERK THE FIRST OF CIRCUIT COURT COURT would deny the writ I agree
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