Villa DuBois, LLC v. El

Plaintiff filed eviction action seeking order of possession and a money judgment. After jury trial, court entered eviction order requiring Defendant to vacate the premises by a certain date and to pay judgment of $4,161. Defendant filed an appearance and jury demand for a 12-person jury, and the record contains no waiver signed by Defendant waiving his right to a 12-person jury. Because trial was held before a 6-person jury, Defendant was denied his constitutional right to a 12-person jury, and he was denied a fair trial. Remanded for new trial. (GORDON and LAMPKIN, concurring.)