Dickemann v. Milwood Golf

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Student's Name: Instructor's Name: Course: Date: DICKEMANN V. MILWOOD GOLF Citation of Case: Dickemann v. Milwood Golf No. 24051 Feb.11, (2002). Facts: Dickemann filed the case against Milwood Golf & Racquet Club for the cancellation of a contract he had with them. The plaintiff demanded a refund of $5,750 he had paid for membership. He also wanted his dues amounting to $2,874.36. He claimed that Millwood Golf & Racquet Club was below his expectations. He expected the swimming pool to be exactly as the one at the Highland Springs; because that was what he was told when he was paying for membership. Millwood countered the case claim for attorney's charges. At the Circuit Court in Greene County, Judge Calvin R. Holden ruled for the golf club on rescission of the contract and legal fees. Dickemann countered the ruling by filing an appeal with the Court of Appeals. Judge Nancy Steffen Rahmeyer maintained that Dickemann had no right whatsoever to a jury trial and that Millwood Golf had a right to be reimbursed the attorney fees. Issue 1: Was Dickemann entitles to jury trial? Issue 2: Was Millwood justified in claiming the attorney's charges? Decision: No/Yes Reason: (Judge Nancy Steffen Rahmeyer Ct of Appeals) In regard to a right to trial by jury, that right is revoked if it is not requested within a particular time as outlined in Rule 69.01(b)(3); or orally in Court and in writing. In this case, no request was made accordingly. Golf Club had the right over attorney's charges because it is stated in the local authority’s contract law that when an applicant signs a contract; he is bound by the regulations from the local authorities. The contract

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