in Re FH Partners, L.L.C

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-10-00735-CV

In re FH Partners, L.L.C.

ORIGINAL PROCEEDING FROM TRAVIS COUNTY

O P I N I O N

Relator FH Partners, L.L.C., has filed a petition for writ of mandamus to compel the district court (1) 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…