Ross v. SunTrust Bank et al
Filing
23
ORDER: Defendants SunTrust Bank and SunTrust Mortgage, Inc.'s Motion to Strike Jury Demand (Doc. # 19 ) is GRANTED. The jury demand is STRIKEN from the Complaint. Signed by Judge Virginia M. Hernandez Covington on 6/16/2017. (DRW)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
DAVID ROSS,
Plaintiff,
v.
Case No. 8:17-cv-783-T-33TBM
SUNTRUST BANK, et al.,
Defendants.
_____________________________/
ORDER
This matter comes before the Court upon consideration of
Defendants SunTrust Bank and SunTrust Mortgage, Inc.’s Motion
to Strike Jury Demand (Doc. # 19), filed on June 1, 2017. As
of this Order, Plaintiff David Ross has not filed a response
in opposition and the time for doing so has passed. As such,
the Court grants the Motion as unopposed.
Discussion
“The Seventh Amendment provides ‘[i]n Suits at common
law, where the value in controversy shall exceed twenty
dollars, the right of trial by jury shall be preserved.’”
Chauffeurs, Teamsters & Helpers, Local No. 391 v. Terry, 494
U.S. 558, 564 (1990) (quoting U.S. Const. amend. VII). A party
may waive its right to a jury trial if the waiver is knowing
and voluntary. Bakrac, Inc. v. Villager Franchise Sys., Inc.,
164 Fed. Appx. 820, 823 (11th Cir. 2006). However, because of
the
historical
importance
of
this
right,
“any
seeming
curtailment . . . should be scrutinized with the utmost care.”
Chauffers, 494 U.S. at 565 (internal citations omitted).
Furthermore,
“because
the
right
to
a
jury
trial
is
fundamental, courts must indulge every reasonable presumption
against waiver.” Burns v. Lawther, 53 F.3d 1237, 40 (11th
Cir. 1995) (per curiam) (internal quotations omitted).
In his Complaint, Ross demands a jury trial. (Doc. # 1
at 8). However, the mortgage includes a jury waiver provision
that reads: “The Borrower hereby waives any right to a trial
by jury in any action, proceeding, claim, or counterclaim,
whether in contract or tort, at law or in equity, arising out
of or in any way related to this Security Instrument or the
Note.” (Id. at 22, ¶ 25). Ross, by his failure to file a
response in opposition, makes no argument that this waiver
provision is unenforceable or otherwise ineffective.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
Defendants SunTrust Bank and SunTrust Mortgage, Inc.’s
Motion to Strike Jury Demand (Doc. # 19) is GRANTED. The jury
demand is STRIKEN from the Complaint.
2
DONE and ORDERED in Chambers in Tampa, Florida, this
16th day of June, 2017.
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?