in Re: Byron Curtis Cook, Trade Rare, L.L.C., and Joel Hochberg

Opinion

Order entered April 28, 2021

In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-20-00205-CV

IN RE BYRON CURTIS COOK,

TRADE RARE, L.L.C., AND JOEL HOCHBERG, Relators

Original Proceeding from the 417th Judicial District Court Collin County, Texas

Trial Court Cause No. 417-04885-2016

ORDER

Before the En Banc Court

We WITHDRAW our opinion issued July 21, 2020, in this original proceeding and VACATE the order of that date.

In accordance with the Court’s opinion of this date, the petition for writ of mandamus is CONDITIONALLY GRANTED. We ORDER the trial court to issue an order (1) vacating its December 16, 2019 “Order Sustaining Plaintiff’s Objection to Defendants’ Motion for Leave to Designate Ken Paxton as a Responsible Third Party” and (2) granting relators’ September 20, 2019 “Second Amended Motion for Leave to Designate Responsible Third Party.”

The Court further ORDERS the trial judge to file with this Court, within thirty days of the date of this Order, a certified copy of its order issued in compliance with this Order. A writ will issue only if the trial court fails to comply with this Order.

We LIFT the stay imposed by this Court’s order of April 30, 2020.

/s/ LESLIE OSBORNE

JUSTICE