Mikey's Houses LLC v. Bank of America, N.A.

OPINION

SUE WALKER, Justice.

I. INTRODUCTION

This is an interlocutory appeal from the trial court’s order granting Appellee Bank of America, N.A.’s motion to enforce a contractual jury waiver. See Tex. Civ. PRAC. & Rem.Code Ann. § 51.014(d) (Vernon Supp.2006). In one issue, Appellants Mi-key’s Houses, LLC, Helen L. Martin, and Joyce A. Powell contend that the trial court erred by granting Bank of America’s motion to enforce the prelitigation contractual jury waiver. Because we hold that Bank of America did not meet its burden of producing prima facie evidence that Martin and Powell knowingly and…