in Re: The Goodyear Tire & Rubber Company

Opinion

Order entered August 6, 2014

In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-14-00529-CV

IN RE THE GOODYEAR TIRE & RUBBER COMPANY, Relator

Original Proceeding from the 95th Judicial District Court Dallas County, Texas

Trial Court Cause No. DC-12-07666

ORDER

In accordance with the Court’s opinion of this date, the petition for writ of mandamus is

CONDITIONALLY GRANTED. We ORDER the trial judge, the Honorable Ken Molberg, Judge of the 95th Judicial District Court to VACATE his April 8, 2014 “Order on Plaintiff’s Motion for Entry upon Land.” Should the trial judge fail to comply with this order, the writ will issue. We ORDER the trial judge to file with this Court, within thirty (30) days of the date of this order, a certified copy of his order issued in compliance with this order. We DENY the motion of real parties in interest to strike relator’s supplemental mandamus record. We ORDER that relator recover its costs of this original proceeding from the real parties in interest.

/s/ ROBERT M. FILLMORE JUSTICE