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IN RE FRANK KENT MOTOR CO.

No. 02-10-00462-CV.

336 S.W.3d 374 (2011)

In re FRANK KENT MOTOR COMPANY d/b/a Frank Kent Cadillac, Relator.

Court of Appeals of Texas, Fort Worth.

February 24, 2011.

Attorney(s) appearing for the Case

Robert Ruotolo , Christopher M. Albert , Busch, Ruotolo & Simpson, L.L.P., Dallas, TX, for Relator Frank Kent Motor Company d/b/a Frank Kent Cadillac.

Timothy C. Chovanec , Fielding, Parker & Hallmon, L.L.P., Fort Worth, TX, for Real Party in Interest Tony Garica.

PANEL: LIVINGSTON, C.J.; MEIER and GABRIEL, JJ.

OPINION

BILL MEIER, Justice.

I. INTRODUCTION

Relator Frank Kent Motor Company d/b/a Frank Kent Cadillac seeks mandamus relief from the trial court's November 30, 2010 order denying its motion to strike Real Party in Interest Tony Garcia's jury demand. We will conditionally grant Frank Kent's petition for writ of mandamus.

II. FACTUAL AND PROCEDURAL BACKGROUND

Garcia sued Frank Kent for age discrimination and demanded a jury trial...

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