JURY TRIAL - EX PARTE ACOSTA
Ex parte Acosta, [Ms. 1140200, June 5, 2015] __ So. 3d __ (Ala. 2015). Trinity Bank sued Sergio Acosta on notes he had executed, and Acosta counterclaimed, demanding a jury trial. Two of the notes were secured by mortgages, and Acosta had executed assignments of rents, assigning to the bank all of Acosta’s interest in the leases for the rental properties. The assignments included a waiver of jury trial “in any civil action arising out of, or based upon, this assignment.” A contractual waiver of the right of trial by jury will be strictly construed. This language applied narrowly only to a suit on the assignments, but the bank sued on the notes, so the circuit court erred in striking Acosta’s jury demand. Mandamus granted.
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