Sunwest Reliance Acquisitions Group, Inc. v. Provident National Assurance Co.

OPINION

MORRIS, Justice.

This case involves the issue of whether a party, after perfecting its right to a jury trial pursuant to the rules of civil procedure, may by its own inaction waive the right to complain on appeal when the trial court proceeds with a bench trial instead of a jury trial. Concluding a party’s inaction may constitute a waiver, we will affirm the trial court’s judgment.

The facts here are simple: Provident National Assurance Company sued Sunwest Reliance Acquisitions Group, Inc. over a dispute involving a commercial lease. The parties tried the case before the trial court.…