SUNWEST RELIANCE v. PROVIDENT NAT.

No. 05-93-00221-CV.

875 S.W.2d 385 (1993)

SUNWEST RELIANCE ACQUISITIONS GROUP, INC., Appellant, v. PROVIDENT NATIONAL ASSURANCE CO., Appellee.

Court of Appeals of Texas, Dallas.

December 10, 1993.


Attorney(s) appearing for the Case

Thomas C. Barron and Harvey G. Joseph, Dallas, for appellant.

D. Bradley Dickinson and Richard D. Pullman, Dallas, for appellee.

Before BAKER, BURNETT and MORRIS, JJ.


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...

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