In Re Frost National Bank, N.A.

OPINION

Opinion by

Justice MOSELEY.

Relator filed this mandamus proceeding after the trial court orally granted real party in interest’s motion to reconsider prior judges’ rulings on the parties’ respective motions as to the right to a jury trial. We conclude the trial court abused its discretion in finding that a jury waiver contained in a contract between the parties was not applicable. We therefore conditionally grant the petition for writ of mandamus.

To obtain mandamus relief, relator must show both that the trial court has abused its discretion and that it has no adequate appellate remedy.…