In Re Fh Partners, L.L.C.

OPINION

Relator FH Partners, L.L.C., has filed a petition for writ of mandamus to compel the district court1 to enforce a contractual jury waiver by striking a jury demand of the real parties-in-interest, Superior Funding, Inc.; Wave-Tec Pools, Inc.; Nations Pool Supply, Inc.; Jason B. Herring and Kimberly McCormick a/k/a Kimberly A. Herring (collectively, the Real Parties). We will conditionally grant the writ.

BACKGROUND

The Loan and Security Agreement

Real parties Superior, Wave-Tec, and Nations (the Pool Corporations) are affiliated corporations that formerly were in the business of selling,…