No, the appeals court can't order a jury trial. As I've said about five times now, the request must be made to one of the parties to the action.
I think the chances of Fluffy's appeal even being heard are miniscule. As the SEC has pointed out, he's presented no new evidence, and he also seems unable to point to judicial error.
virginian: If the appeals court grants an appeal, the appeal is heard by the court's judges and not by a jury.
If the appeals court overturns the summary judgement, that does not mean that USXP is exhonerated, but under that circumstance, and only under that circumstance, the case would go back to the lower court where it most likely would go to a jury trial.
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