IN RE FRANK MOTOR CO.

No. 10-0687.

361 S.W.3d 628 (2012)

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

Supreme Court of Texas.

Decided March 9, 2012.


Attorney(s) appearing for the Case

Robert Ruotolo , Christopher M. Albert , Busch Ruotolo & Simpson, L.L.P., Dallas, TX, for Frank Kent Motor Co.

E. David Fielding , Timothy G. Chovanec , Fielding Parker & Hallmon, L.L.P., Fort Worth, TX, for Steven N. Valdez.


Justice LEHRMANN delivered the opinion of the Court.

In this original proceeding, we are asked to grant mandamus relief to enforce a jury waiver agreement between an employer and an at-will employee. The employee signed the conspicuous jury waiver clause after being told that he would lose his job if he refused. Nevertheless, when the employee was later terminated, he demanded a jury trial. The trial court denied the employer's motion to strike the jury demand and...

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