Opinion
No. 05-04-00093-CV
Opinion Issued February 9, 2004.
Original proceeding from the 95th Judicial District Court, Dallas County, Texas, Trial Court Cause No. 00-02147.
Writ of Mandamus Granted.
Before Justices WRIGHT, MOSELEY, and RICHTER.
MEMORANDUM OPINION
Relator contends the trial judge erred in denying its motion to quash real parties in interest's demand for jury trial and request to return the case to the non-jury docket. The facts of this original proceeding are known to the parties so we do not recite them here. We conclude the trial judge abused her discretion in denying relator's motion to quash the demand for jury trial and in not returning the case to the non-jury docket. Further, we conclude relator does not have an adequate remedy at law. Accordingly, relator's petition for writ of mandamus is conditionally GRANTED. See Tex.R.App.P. 52.8(a); In re Wells Fargo Bank Minn., N.A., 115 S.W.3d 600, 607-11(Tex. App.-Houston [14th Dist.] 2003, orig. proceeding).
We ORDER the trial judge to vacate her orders of October 24, 2003 and January 7, 2004 and to enter an order granting plaintiff's motion to quash jury demand and return the case to the non-jury docket. The trial judge is to file a certified copy of her order in compliance with this order within thirty days of the date of this order or the writ will issue.