Huddle v. Huddle

MOTION FOR REHEARING

This is an appeal from a probate court order. Our question is whether the probate court erred in denying a request for a jury trial. The court of appeals held the denial was in error. 687 S.W.2d 58 (Tex.App. — Houston [14th Dist.] 1985). We hold the trial court did not abuse its discretion and reverse the judgment of the court of appeals.

This cause was set for trial for July 13, 1983. The jury fee had been paid on June 30 but the jury request was not made until July 12. The trial court denied the jury request because the request was not made earlier. A motion for a…