In Re Columbia Medical Center of Lewisville Subsidiary, L.P.

OPINION

SUE WALKER, Justice.

I. Introduction

The issue we address in this original proceeding is whether the trial court abused its discretion by refusing to enforce a prelitigation contractual jury waiver contained in a lease executed by Relator Columbia Medical Center of Lewisville Subsidiary, L.P. d/b/a Medical Center of Lewisville (Medical Center) and Real Party in Interest, CenterPlace Properties, Ltd. (CenterPlace). Because Medical Center-as the party seeking to enforce the contractual jury waiver-met its evidentiary burden to rebut the presumption that the waiver was not knowingly and…