Hannah v. United Refrigeration Servs., Inc., 409 S.E.2d 360 (S.C. 1991). · Go Syfert
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Hannah v. United Refrigeration Servs., Inc., 409 S.E.2d 360 (S.C. 1991). Cases Citing This Book View Copy Cite
5 citation events (2 in the last 25 years) across 1 distinct court.
Strongest positive: Ray v. The Caroline Collection, No. 2006-UP-273 (S.C. Ct. App. June 8, 2006)
How cited ↗
Cited for
At page 361 “a party's failure to make a timely demand for a jury trial does not mean the opposing party acquires a right to have, as a matter of law, a non-jury trial.”2 citing cases2 citing courts quote it
  • Ray v. The Caroline Collection, No. 2006-UP-273 (S.C. Ct. App. June 8, 2006).unpublished 2 cites
    (A party’s failure to make a timely demand for a jury trial does not mean the opposing party acquires a right to have, as a matter of law, a non-jury trial.)
  • Patterson v. McNeill-Patterson & Assocs., Inc., 441 S.E.2d 328 (S.C. Ct. App. 1994).published
    “[a] party’s failure to make a timely demand for a jury trial does not mean the opposing party acquires a right to have, as a matter of law, a non-jury trial”
Retrieving the full opinion text from the archive…
Harry HANNAH
v.
UNITED REFRIGERATION SERVICES, INC., Larry Adams and C.L. Bunch
Supreme Court of South Carolina.
Aug 15, 1991.
Published opinion
409 S.E.2d 360
1991 S.C. LEXIS 181
Cited by 3 opinions  |  Published

ORDER

This is an appeal of an order granting respondent’s motion for a jury trial under Rule 39(b), SCRCP. Appellants assert the order is directly appealable because it deprives them of a mode of trial to which they are entitled as a matter of law. We disagree.

A party’s failure to make a timely demand for a jury trial does not mean the opposing party acquires a right to have, as a matter of law, a non-jury trial. A ruling on a Rule 39(b) motion is within the discretion of the judge and is interlocutory and not directly appealable. See Rowe Furniture Corp. v. Carolina Wholesale Furniture Co., Inc., 292 S.C. 575, 357 S.E. (2d) 725 (Ct. App. 1987). Accordingly, this appeal is dismissed without prejudice.

It is so ordered.