Cardenas v. Montfort, Inc.

OPINION

LOPEZ, Justice.

This is an appeal from a take-nothing judgment entered against appellant, Dee Ann Cardenas. The issue we address is whether a trial judge can hold a bench trial in a case set on the jury docket absent evidence of assent to the transfer by the party who affirmatively requested the jury trial and paid the jury fee. In holding that appellant had a perfected right to a jury trial and did not waive that right, we follow two Texas Supreme Court cases: Green v. W.E. Grace Mfg. Co., 422 S.W.2d 723 (Tex.1968) and Citizens State Bank v. Caney Invs., 746 S.W.2d 477 (Tex.1988).…