McKern v. McCann

EARL W. SMITH, Justice.

Sharon Smith McKern, appellant, filed suit for declaratory judgment to set aside a foreclosure and Deed of Trust Lien. The case was tried by the court and a judgment was rendered against appellant granting the appellee a writ of restitution awarding the property in question to appellee. Appellant’s single point of error complains of the trial court’s denial of a trial by jury.

Appellant filed her jury fee and demand on July 22, 1982, not less than ten days before the case’s non-jury setting of August 2, 1982. The trial judge denied appellant’s request without stating any…