Bradford, J.
Case Summary
On August 5, 2013, Appellees-Plaintiffs Michael Scanameo, M.D., Carol Scanameo, Michael Scanameo, M.D., Inc. (collectively, “the Scanameos”), filed suit against Appellant-Defendant Cardinal Health Ventures, Inc. (“Cardinal Health”), alleging that Cardinal Health committed securities fraud. Specifically, the Scanameos alleged that Cardinal Health sold shares in two medical clinics to the Scanameos knowing that the shares were “worthless.” In suing Cardinal Health, the Scanameos sought to recover the sum paid for the shares plus interest and reasonable attorney’s fees. Also on August 5, 2013, the Scanameos made a timely request for a jury trial. The Scanameos later filed a motion asking the trial court to strike their request for a jury trial. Cardinal Health did not consent to the Scanameos’ request. This interlocutory appeal follows the issuance of the trial court’s order granting the Scanameos’ motion. Concluding that the trial court erred in granting the Scanameos’ motion, we reverse and remand the matter to the trial court with the instruction that the case be re-set on the jury trial calendar.
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In order to determine whether the parties have a constitutional right to a jury trial in this case, we must look to the character of the Scanameos’ action. See Midwest Fertilizer, 510 N.E.2d at 233. In bringing the underlying action, the Scanameos alleged that Cardinal Health committed securities fraud….In addition, we have previously concluded that jury trials are appropriate in cases alleging fraud. …
Further, the Scanameos request a monetary judgment and do not request equitable relief. The United States Supreme Court has previously determined that “insofar as [a] complaint requests a money judgment it presents a claim which is unquestionably legal.” Dairy Queen, Inc. v. Wood, 369 U.S. 469, 476 (1962). Likewise, this court long ago held that where a complaint seeks only to recover compensation by way of monetary damages, “[t]here was no available error in submitting the trial of the cause to a jury.” Robertson v. McPherson, 4 Ind. App. 595, 597, 31 N.E. 478, 478 (1892). Given the persuasive decisions of two different United States District courts coupled with the fact that the Scanameos do not request equitable relief but rather only monetary damages, we conclude that the character of the Scanameos’ action is such that would entitle the parties to a jury trial.
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The judgment of the trial court is reversed and the matter remanded to the trial court with the instruction that the case be re-set on the jury trial calendar.
May, J., and Barnes, J., concur.