IN RE KEY EQUIPMENT FINANCE INC.

No. 01-11-00618-CV.

371 S.W.3d 296 (2012)

In re KEY EQUIPMENT FINANCE INC. and American Business Machines, Inc., Relators.

Court of Appeals of Texas, Houston (1st Dist.).

February 27, 2012.


Attorney(s) appearing for the Case

Leslie M. Luttrell , Lea Ann Ream , Davidson & Troilo — A Professional Corp., San Antonio, TX, for Relators.

Joshua C. Anderson , James D. Ebanks , Ebanks-Horne-Rota-Moos L.L.P., Adam Ryan Fracht , The Walker Firm, Ted L. Walker , Houston, TX, real party in interest.

Panel consists of Chief Justice RADACK and Justices BLAND and HUDDLE.


OPINION

JANE BLAND, Justice.

The dispute in this commercial case is whether a contractual waiver of a trial by jury is enforceable. Key Equipment Finance Inc. (Key) and American Business Machines, Inc. (ABM), seek mandamus relief from the trial court's order denying their motion to strike Austin Maintenance & Construction Inc.'s (Austin's) jury demand.1 Key and ABM contend that the trial court erred in failing to enforce...

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