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IN RE BANK OF AMERICA, N.A.

No. 07-0901.

278 S.W.3d 342 (2009)

In re BANK OF AMERICA, N.A., Relator.

Supreme Court of Texas.

February 27, 2009.

Attorney(s) appearing for the Case

Michael D. Conner, Eric Scott Lipper, Michael F. Hord, Jr., Hirsch & Westheimer, P.C., Houston, TX, for Relator.

Jay L. Gueck, Olson Nicoud & Gueck, L.L.P., Dallas, TX, for Real Party In Interest.

Reagan W. Simpson, King & Spalding LLP, Austin, TX, for Amicus Curiae.

PER CURIAM.

In this contract dispute, we decide whether our holding in In re Prudential— which held that a contractual waiver of a jury trial is enforceable—creates a presumption against waiver that places the burden on the party seeking enforcement to prove that the opposing party knowingly and voluntarily agreed to waive its constitutional right to a jury trial. See In re Prudential Ins. Co. of Am., 148 S.W.3d 124

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