Busby v. BancorpSouth Bank

BancorpSouth Bank petitioned the Supreme Court for a writ of mandamus to direct the trial court to vacate its order denying the bank's motion to strike a jury demand in the complaint filed against it by Plaintiff Thomas L. Busby and to enter an order granting the Bank's motion, thereby enforcing Busby's waiver of a jury trial. The dispute arose from a construction loan to which Plaintiff Busby guaranteed. The loan agreement contained the jury trial waiver in the event of a dispute between the parties. The borrower defaulted on the loan, and the bank sought payment from Plaintiff. Plaintiff sued the bank, alleging multiple counts of fraud, misrepresentation and breach of contract. Upon review, the Supreme Court concluded that the bank demonstrated that it had a clear legal right to have the jury demand stricken. Accordingly the Court granted the petition, issued the writ, and directed the trial court to enter an order granting the bank's motion. View "Busby v. BancorpSouth Bank" on Justia Law