Order entered July 26, 2013

In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00538-CV IN RE PATRICK DOAK, JERRY ZEMANSKI AND STEVEN BIN, Relators On Appeal from the 296th Judicial District Court Collin County, Texas Trial Court Cause No. 296-00538-2013 ORDER In accordance with the Court’s opinion issued this date, the petition for writ of mandamus is conditionally GRANTED. The Court ORDERS the trial judge, the Honorable John Roach, Jr., Judge of the 296th Judicial District Court, to VACATE his April 5, 2013 “Order Granting Davaco, Inc.’s Rule 202 Petition” and to RENDER an order denying that petition.

Should the trial judge fail to comply with this order, the writ will issue. The Court ORDERS the trial judge to file with this Court, within thirty (30) days of the date of this order, a certified copy of its order issued in compliance with this order.

We ORDER that relators recover their costs of this original proceeding from real party in interest.

/s/ DOUGLAS S. LANG JUSTICE