IN THE CIRCUIT COURT OF THE
TWENYTIETH JUDICIAL CIRCUIT OF
LEE COUNTY FLORIDA

Warren T. and Sheri Patriot,            )
                      Plaintiffs,       )                               
                                        )  Case No. 07-CA-003824
   vs.                                  )                                          
                                        )  OPPOSITION TO MOTION 
AmSouth Bancorporation,                 )     TO STRIKE DEMAND                   
and Regions Financial Corporation,      )      FOR JURY TRIAL                   
as successor to AmSouth Bancorporation, )
                           Defendants.  )

COME NOW, Plaintiffs, pro se, Warren T. and Sheri Patriot, in Opposition to the Motion to Strike Demand for Jury Trial and state the following:

1. Defendant pleads Plaintiffs do not have to right to a jury trial because they signed the the AmSouth Account Package when they opened their checking accounts. This Account Package required the Plaintiffs to sign twice; once in the middle and the second time at the bottom of the front page. There is no mention on the front page of that form that there is more information on the reverse side of that page. In most agreements or contracts, the signature line is at the END of the printed form, not in the middle. (See Exhibit A of Amended Complaint)
2. The Plaintiffs were not told to turn the form over and read the balance of the agreement. Also Plaintiffs agree their signature constitutes that there was a contract between the Parties, BUT, due to the fact that they were not made aware of the additional wording on the reverse of the form, Plaintiffs believe they did not agree to whatever appears on the reverse side of the form.
3. If Defendants believe they have a valid defense to the complaint, they should not object to a trial, whether it is a jury trial or a trial with a Circuit Court Judge making a ruling.
4. Independent of Defendants’ belief, Plaintiff had no knowledge of the words on the reverse side of the form they signed when they opened their checking accounts. Individuals should not be held to parts of an agreement or contract which have not been made known to the individual. Any business person will acknowledge that when signing a legal document, all pages must be initialed, at a minimum, by those people signing the document to make the entire document binding.

CONCLUSION
WHEREFORE, due to the fact that Plaintiffs had no knowledge of additional inclusions on the reverse side of the AmSouth Account Package which stated the Plaintiffs agreed to waive a jury trial, the Plaintiffs move this Court to deny Defendant’s Motion to Strike Demand for Jury Trial.

By:__________________________________                  By:__________________________________
Warren T. Patriot, Plaintiff, pro se                        Sheri Patriot, Plaintiff, pro se
Cape Coral, FL  33904                                       Cape Coral, FL  33904