In re C-Span Entertainment, Inc‪.‬

The Courts opinion of March 15, 2005 is withdrawn on the Courts own motion, and this is now the opinion of this Court. These companion proceedings involve a related pair of orders from the same cause below. Both orders address the viability of a waiver of a jury trial. Relators C-Span Entertainment, Inc. and Sunil Dharod (collectively "C-Span") contend the trial court abused its discretion by granting the motion to quash C-Spans request for a jury, filed by real party in interest Blockbuster, Inc. Relators Akin Gump Strauss Hauer & Feld, LLP, Edward J. Fields, Jr., and Spencer B. Young (collectively "Akin Gump"), in turn, contend the trial court abused its discretion by denying Akin Gumps motion to quash C-Spans jury demand. Put simply, C-Span demanded a trial by jury below; separately, Blockbuster sought and Akin Gump conditionally sought to rely on a waiver of the right to trial by jury found in certain contracts between Blockbuster and C-Span. For the reasons that follow, we find no abuse of discretion in the trial courts rulings, and we deny the writs.