in Re: ASICS America Corporation

• Court: Court of Appeals of Texas
• Decided: January 20, 2023
• Docket: 05-22-00994-CV
• Status: Published

Opinion

Order entered January 20, 2023

In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00994-CV

IN RE ASICS AMERICA CORPORATION, Relator

Original Proceeding from the 134th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-22-06193

ORDER Before Justices Molberg, Pedersen, III, and Garcia

Based on the Court’s opinion of this date, we CONDITIONALLY

GRANT relator’s petition for a writ of mandamus. The Court ORDERS the trial

judge to issue a written order, within fifteen (15) days of the date of this opinion (i)

vacating its September 7, 2022 order denying relator’s motion to dismiss the

intervention, and (ii) striking Shoebacca, Ltd.’s intervention.

The Court further ORDERS the trial judge to file with this Court, within

thirty (30) days of the date of this Order, a certified copy of the order vacating the

September 7, 2022 order denying relator’s motion to strike and striking Shoebacca Ltd.’s intervention. The writ will issue only if the trial court fails to comply with

this Order.

/s/ DENNISE GARCIA JUSTICE