Sharp v. M3C Invests., L.L.C.

Citations

• 2022 Ohio 1394

Syllabus

Civ.R. 55(A) default judgment Civ.R. 38(B) demand for jury trial hearing on damages and CSPA violations. Civ.R. 55(A), which governs the entry of default judgment and the necessity of a hearing on damages, gives the trial court the discretion to conduct a hearing following an entry of default judgment in order to determine the measure of damages. We recognize that the discretion accorded the trial court, under Civ.R. 55(A), is tempered with a party's constitutional and substantial right to a jury trial. In this respect, the Constitution provides that the right to a trial by jury shall be inviolate. In order to invoke the right to a jury trial, a party must take affirmative action. Under Civ.R. 38(B), any party may demand a trial by jury on any issue triable of right by a jury by serving upon the other parties a demand therefore at any time after the commencement of the action and not later than fourteen days after the service of the last pleading directed to such issue. . The failure to timely serve and file a demand for a jury trial constitutes a waiver of the right to a trial by jury Civ.R. 38(D). Moreover, a demand for a trial by jury made in accordance with the rules may not be withdrawn without the consent of the parties. In this matter, appellant alleged CSPA violations, where the resultant damages were all \triable issues\ under the rules. Appellant also demanded a jury trial in her complaint, renewed that demand in her motion for default judgment, and never abandoned her demand. Although the trial court granted appellant's motion for default judgment, it erred in not allowing the issues of damages to be tried to the jury. Accordingly, we sustain Appellant's assignment of error.