Preserving Jury Trial Right

Section 55.002 The Texas Estates Code provides: “In a contested probate or mental illness proceeding in probate court, a party is entitled to a jury trial as in other civil proceedings.” But while “the right to a jury trial ‘is inviolate and one of the greatest rights guaranteed by out Texas and United States Constitutions,’ … the right is not self executing, and even after the right is properly invoked, a party must act affirmatively to preserve a complaint concerning the right’s denial. Thus, to preserve error, a party who has properly perfected its jury trial right must either object on the record if the trial court proceeds without a jury or otherwise affirmatively indicate that it intends to stand on its perfected jury trial right.” In re Ruff Management Trust, No. 05-19-01505-CV (Dec. 3, 2020) (mem. op.). The appellant in Ruff waived any jury-trial right by not making timely objection in the trial court.