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OWEN v. LEWIS

Supreme Court of Georgia.
Apr 4, 1994

PER CURIAM.

We granted the appellant's application to appeal to consider whether the trial court properly ruled that the appellant had waived his right to a trial by jury. Having reviewed the record, we conclude that the appellant filed a timely request for a jury trial, see OCGA ยงยง 19-5-1 and 19-6-19 (a), and that, contrary to the trial court's ruling, the appellant had not previously waived that right. The trial court thus erred in denying the appellant a trial by jury.

Judgment reversed. All the Justices concur.

PER CURIAM.

DECIDED APRIL 4, 1994.