in Re Key Equipment Finance Inc.

OPINION

JANE BLAND, Justice.

The dispute in this commercial case is whether a contractual waiver of a trial by jury is enforceable. Key Equipment Finance Inc. (Key) and American Business Machines, Inc. (ABM), seek mandamus relief from the trial court’s order denying their motion to strike Austin Maintenance & Construction Inc.’s (Austin’s) jury demand. 1 Key and ABM contend that the trial court erred in failing to enforce the contractual jury waiver set forth in the parties’ lease agreement and service contract. We agree and conditionally grant relief.

Background

In 2007, Austin contracted with…