Court of Civil Appeals of Texas, 2021

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

in Re: Byron Curtis Cook, Trade Rare, L.L.C., and Joel Hochberg
Court of Civil Appeals of Texas · Decided April 28, 2021

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

Case-law data current through December 31, 2025. Source: CourtListener bulk data.