Court of Appeals of the State of Georgia ATLANTA, December 05, 2012 The Court of Appeals hereby passes the following order A13D0135. EMMETT NEW et al v. THURGOOD CUSTOM HOMES, INC.

Upon consideration of the Application for Discretionary Appeal, it is ordered that it be hereby DENIED.

LC NUMBERS: 11CV3907

Court of Appeals of the State of Georgia Clerk's Office, Atlanta, December 05, 2012.

I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia.

Witness my signature and the seal of said court hereto affixed the day and year last above written.

, Clerk.