CIVIL PROCEDURE - JURY TRIAL DEMAND - EX PARTE SWEENEY
Ex parte Sweeney, [Ms. 1110035, Sept. 14, 2012] __ So. 3d __ (Ala. 2012). A defendant filed a late answer and counterclaim, including a jury demand. The trial court allowed the late answer and counterclaim but struck the jury demand. The defendant petitioned for mandamus. The Supreme Court grants mandamus, holding that it was within the trial court's discretion to allow the late answer and counterclaim, but, once it did so, it had no basis for striking the jury demand that was made in that defendant's first pleading.