Hardin v. Hardin

DENTON, Justice.

The issue in this case is whether the trial court abused its discretion by denying leave to file an amended answer on the day set for trial. The court of civil appeals reversed and remanded holding that the trial court had abused its discretion in that the objection to the amendment had failed to affirmatively assert surprise and there had been no showing of surprise. We reverse the judgment of the court of civil appeals and affirm the trial court’s judgment. 584 S.W.2d 384.

Joan and Lavoyd Hardin were divorced in 1976. A property settlement agreement signed by both parties was…