Jury Trial / Waiver - Ex Parte Coble


In Ex parte Coble, [Ms. 2091087, May 6, 2011] __ So. 3d __(Ala. Civ. App. 2011), the court denied a Petition for Writ of Mandamus claiming error in the striking of a jury demand. Coble signed a residential lease agreement that contained a jury waiver provision. Subsequently, Coble filed suit against the leasing company on various theories and demanded a jury trial. The leasing company filed a motion to strike Coble's jury demand based on the jury waiver provision. The trial court granted the leasing company's motion to strike. Coble appealed. The court treated the appeal as a writ of mandamus and found that the jury trial waiver provision was clear and enforceable such that mandatory relief would be denied.


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