IN RE FROST NATIONAL BANK, N.A.

No. 05-10-01097-CV.

324 S.W.3d 320 (2010)

In re The FROST NATIONAL BANK, N.A., Relator.

Court of Appeals of Texas, Dallas.

September 22, 2010.


Attorney(s) appearing for the Case

James W. Walker , Daniel Lee Gus , Walker Sewell, LLP, Dallas, TX, Michael D. Warner , Emily S. Chou , Cole, Schotz, Meisel, Foreman & Leonard, P.A., Fort Worth, TX, for Relator.

Robert A. Simon , Henry W. Simon, Jr. , Barlow Garsek & Simon, LLP, Fort Worth, TX, for Real Party in Interest.

Before Justices MOSELEY, LANG, and MYERS.


OPINION

Opinion by Justice MOSELEY.

Relator filed this mandamus proceeding after the trial court orally granted real party in interest's motion to reconsider prior judges' rulings on the parties' respective motions as to the right to a jury trial. We conclude the trial court abused its discretion in finding that a jury waiver contained in a contract between the parties was not applicable. We therefore conditionally grant the petition for writ of mandamus...

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