Estate of Tomlinson v. Mega Pool Warehouse, Inc.
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The Supreme Court of Ohio reversed a decision by the Fifth District Court of Appeals concerning the right to a jury trial in a civil case. The case arose from a dispute between the Estate of Tomlinson and Mega Pool Warehouse, Inc., regarding the installation of a swimming pool and a deck. The plaintiff, Tomlinson, filed a lawsuit and demanded a jury trial, paying a $500 jury deposit as required by a local rule. Later, Tomlinson withdrew her request for a jury trial, but Mega Pool still wanted a jury trial.
The trial court and the Fifth District Court of Appeals held that Mega Pool had waived its right to a jury trial because it had not paid a $500 jury deposit, as required by the local rule. The Supreme Court of Ohio disagreed, ruling that the local rule did not require each party seeking a jury trial to pay a separate deposit. The court also held that, under Civ.R. 38(D), a party may not unilaterally withdraw a jury demand without the consent of all the parties.
The court noted that Tomlinson's attempt to withdraw her jury demand without Mega Pool's consent violated Civ.R. 38(D). As such, the court reversed the judgment of the Fifth District Court of Appeals and remanded the case back to the trial court for further proceedings.
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