In Re General Electric Capital Corporation

In this mandamus proceeding, we consider whether a party, who did not receive notice of a jury demand, nevertheless waived its contractual right to a non-jury trial by failing to notice that the case had been moved to the jury docket. When the party finally noticed that the case was no longer on the non-jury docket, it moved to strike the jury demand, but the trial court denied the motion. We conclude that the trial court abused its discretion in refusing to enforce the jury waiver because the contractual provision was not proven to be invalid nor impliedly waived by the knowing conduct of…