(251) 299-0101

JURY TRIAL - MOYA V. CANTERBURY

Moya v. Canterbury, [Ms. 2110525, Apr. 12, 2013] ___ So. 3d ___ (Ala. Civ. App. 2013). The Canterburys sued Moya and their insurer, Nationwide, for UM/UIM coverage. Nationwide made a jury demand, but Moya did not. Nationwide opted out, and the Canterburys moved for a non-jury trial. Moya argued that he was entitled to rely on Nationwide's jury demand. The Court of Civil Appeals holds, however, that only parties "who are interested in the issues for which the jury trial has been demanded" may rely on a previous jury demand. Moya did not have any interest in the outcome of the UM/UIM claims against Nationwide, so the trial court did not err in declining to afford Moya a jury trial.

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