Gallagher v. Joyce

OPINION

GREEN, Chief Justice.

This is a suit for damages for the death of plaintiffs’ (appellees’) child resulting from an automobile accident. The trial court denied defendant’s (appellant’s) request for a jury trial on the ground that there was neither a timely demand for a jury or deposit of a jury fee under Texas Rules of Civil Procedure, rule 216. Upon non-jury trial, the court, after hearing the evidence, rendered judgment for plaintiffs.

Appellant’s sole point of error is: “The trial court erred in denying defendant’s request for a jury trial.”

The record shows the following as undisputed…