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IN RE GO COLORADO 2007 REVOCABLE TRUST

No. 2-10-182-CV.

319 S.W.3d 880 (2010)

In re GO COLORADO 2007 REVOCABLE TRUST, Relator.

Court of Appeals of Texas, Fort Worth.

Reconsideration En Banc Denied September 2, 2010.

Attorney(s) appearing for the Case

Mark W. Stout , Padfield & Stout, LLP, Fort Worth, TX, Christopher N. Forbis , Sewell and Forbis, Decatur, TX, for Real Party in Interest.

Richard H. Parker , Adam Allen , Houston, TX, for Relator.

PANEL: DAUPHINOT, WALKER, and MEIER, JJ.

OPINION

SUE WALKER, Justice.

I. INTRODUCTION

In this original proceeding, Relator Go Colorado 2007 Revocable Trust (the Trust) contends that the trial court abused its discretion by enforcing a contractual jury waiver against the Trust when it did not exist at the time the guaranty containing the contractual jury waiver was signed; did not sign the guaranty containing the contractual jury waiver provision; and was not a party to, or assignee of...

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