Cardenas v. Montfort, Inc
In Cardenas v. Montfort, Inc., 894 S.W.2d 406 (Tex. App.--San Antonio 1994), the Court emphasized that the record "clearly showed a lack of assent to the removal of the cause from the jury docket." 894 S.W.2d at 409.
In emphasizing the unique facts presented in Cardenas, the Court stated:
This is not a case in which a party with a perfected right to a jury trial appeared in court, announced ready for trial and proceeded to put on its case with an opening statement, witness examination and a closing argument without any objection, comment or argument on the failure to call a jury.
This case involves an extremely unusual set of facts.
The record shows that an unsophisticated plaintiff appeared for trial without an attorney, protested that she could not proceed pro se, did not announce ready, did not cross-examine any witnesses, presented only vague oral testimony about her damages, and protested throughout the entire proceeding that she needed the assistance of an attorney.
The record further shows that the trial court granted her attorney's motion to withdraw a mere thirteen days before trial. 894 S.W.2d at 409.