Hickman v. Smith, 238 S.W.2d 838 (Tex.Civ.App. — Austin 1951, writ ref'd); Smallwood v. Swarner, 510 S.W.2d 156, 157-158 (Tex.Civ.App. — Dallas 1974, writ ref'd n.r.e.); In Re Adoption of Pate, 449 S.W.2d 372 (Tex.Civ.App. — El Paso 1969, no writ); Texas Liquor Control Board v. Jones, 112 S.W.2d 227 (Tex.Civ.App. — Texarkana 1937, no writ). When a non-suit is filed pursuant to Tex.R.Civ.Pro. 164, plaintiff is liable for all costs. Anglo Explorations Corp. v. Grayshon, 562 S.W.2d 567 (Tex.Civ.App. — Houston [14th Dist.] 1978, writ ref'd n.r.e.).
Accord Fearrington v. Wright, 410 S.W.2d 855 (Tex.Civ.App. — Waco 1967, writ ref'd n.r.e.); In re Adoption of Pate, 449 S.W.2d 372 (Tex.Civ.App. — El Paso 1969, no writ); In re Jones, 475 S.W.2d 817 (Tex.Civ.App. — Eastland 1972, writ ref'd n.r.e.). While the pleadings originally contained matters relating to custody such issues were severed by the trial court prior to the trial of the issues on adoption.
He contends that he was entitled to a jury trial on the fact question of whether or not he failed to contribute to the support of his daughter for a period of two years commensurate with his financial ability. The applicable authorities are discussed in In Re Adoption of Pate, 449 S.W.2d 372 (Tex.Civ.App. 1969, no writ) where the Court, we think, correctly held that a party is not entitled to a jury trial in an adoption proceeding. The Court said: