In Re Frank Kent Motor Co.

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 in his original petition. Frank Kent thereafter filed a motion to strike Garcia’s jury demand, arguing that Garcia waived his right to a jury trial. Frank Kent attached…