In Re Prudential Insurance Co. of America
- Court
- Texas Supreme Court
- Decided
- September 3, 2004
- Docket
- 02-0690
- Status
- Published
- Jurisdiction
- Texas
Cited 4,288 timesNo negative treatment found in this library
What later courts said
- holding that parties may agree to waive their right to jury trial in certain future disputes as long as they are knowing and voluntary — In re Acceptance Indem. Ins. Co. (2018)
- holding that to obtain mandamus relief, relator must show trial court clearly abused its discretion and relator has no adequate remedy by appeal — In Re Dimet SA De CV v. the State of Texas (2023)
- recognizing that parties may contract freely as long as the agreement does not violate the law or public policy — State of Texas, Maxx Juusola, Tracy Martin, and Alan Crider v. City of Dallas, Kimberly Bizor Tolbert, in Her Official Capacity as the Interim City Manager for the City of Dallas and the State Fair of Texas (2025)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
Justice HECHT delivered the opinion of the Court, 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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Cite this
In Re Prudential Insurance Co. of America, 148 S.W.3d 124 (2004)Read the full opinion
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