Ex Parte Thorn

788 So. 2d 140 (2000)

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Nature of the Case

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Facts

In April 1998, Bethel (P) sued Diesel 'Repower,' Inc. (D1'), and its president, Rex Thorn (D), alleging breach of contract, fraud, fraudulent suppression, and negligence. P entered into two contracts between him and D1. P claims he never received an engine, the transmission, or any of the generators that he purchased and paid for in full. P requested a jury trial. Ds moved to dismiss P's complaint for failure to state a claim upon which relief can be granted. The trial court granted D's motion to dismiss but denied D1's. The trial court entered a final judgment in favor of D and against P. P appealed, and the Court held that P had stated claims against D for promissory fraud, fraudulent misrepresentation, and fraudulent suppression. P filed an amended complaint, seeking to add Martha Thorn and Thorn's Diesel Service, Inc. ('Service'), as parties to the case, and to pierce Diesel's corporate veil. P alleged that Diesel and its successor corporation, Service, were alter egos of D and Martha Thorn. P requested a jury trial on all counts asserted in the amended, or the original, complaint. The Thorns and Service moved to sever the claims seeking to pierce the corporate veil and impose individual liability on Rex and Martha Thorn and to strike the jury demand as to those claims. The court denied their motions. Ds now petition for writs of mandamus. Ds contend that piercing the corporate veil is equitable so P cannot have a jury trial on that claim.