In Re Prudential Insurance Co. of America

in which Justice OWEN, Justice SMITH, Justice WAINWRIGHT, and Justice BRISTER joined.

The parties to a commercial lease agreed to waive trial by jury in any future lawsuit involving the lease, but when the tenant and its guarantors later sued for rescission and damages, they nevertheless demanded a jury trial. The trial court denied the landlord’s motion to quash the demand. In this original proceeding, the landlord petitions for mandamus relief directing the trial court to enforce the parties’ contractual jury waiver. We conditionally grant relief.

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Francesco Seechi, a native of Italy, and his…