Joan Murle Hardin, Petitioner v. Lavoyd Wayne Hardin, Respondent

Summary

The Texas Supreme Court affirmed the trial court’s denial of leave to file an amended answer on the day of trial, holding that the trial court did not abuse its discretion because the plaintiff failed to show surprise as required by Rule 63 of the Texas Rules of Civil Procedure. The Court explained that the burden to demonstrate surprise rests on the party resisting the amendment, and absent such a showing the appellate court must presume the trial court acted correctly.