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IN RE CREDIT SUISSE FIRST BOSTON MORTG. CAPITAL, L.L.C.

No. 14-08-00132-CV.

257 S.W.3d 486 (2008)

In re CREDIT SUISSE FIRST BOSTON MORTGAGE CAPITAL, L.L.C. and Credit Suisse First Boston, L.L.C., Relators.

Court of Appeals of Texas, Houston (14th Dist.).

June 17, 2008.

Attorney(s) appearing for the Case

H. Victor Thomas, Reginald Ross Smith, Penn Christopher Huston, Reagan W. Simpson, Houston, TX, for relator.

David J. Beck, Troy Ray Ford, Constance H. Pfeiffer, Houston, TX, for real party in interest.

Panel consists of Chief Justices HEDGES, Justice BOYCE, and Senior Justice HUDSON.

OPINION

ADELE HEDGES, Chief Justice.

Relators Credit Suisse First Boston Mortgage Capital, L.L.C. ("Mortgage Capital") and Credit Suisse First Boston, L.L.C. ("CSFB") ask us to issue a writ of mandamus requiring the respondent1 to enforce a contractual jury waiver. Mortgage Capital and the real party in interest signed a contract containing a jury waiver clause. CSFB did not sign the contract. The trial court applied the clause...

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