Dawson v. Jarvis

In Dawson v. Jarvis, 627 S.W.2d 444 (Tex. App.--Houston 1st Dist. 1981, writ ref'd n.r.e.), on the morning of the trial, the trial court discovered that, though the parties had timely requested a jury, neither party had paid a jury fee. Id. at 446. The trial court refused to conduct a jury trial even though both attorneys were ready and prepared to proceed with a jury trial, the parties and witnesses had been advised that there would be a jury trial, the court personnel had prepared for a jury trial, three docket control orders had indicated that there would be a jury trial, a jury panel was available to hear the case, and one of the parties offered to pay the jury fee before commencement of the trial. Id. at 446-47. Based on these facts, the Court determined that the trial court abused its discretion in denying the parties their right to a jury trial. Id.