Texas Supreme Court
Joan Murle Hardin, Petitioner v. Lavoyd Wayne Hardin, Respondent
April 2, 198023 Tex. Sup. Ct. J. 306
Summary
The Texas Supreme Court held that the trial court did not abuse its discretion in denying leave to file an amended answer on the day of trial under Rule 63, affirming the trial court's judgment. The Court reversed the Court of Civil Appeals and affirmed the trial court. Justice Campbell filed a concurring opinion agreeing with the result and emphasizing the mandatory nature of Rule 63's grant of leave absent a showing of surprise.