November 1, 2011

JUDGMENT The Fourteenth Court of Appeals JERRY ALFRED FUTCH, JR., Appellant NO. 14-10-00399-CV V. RELIANT SOURCES, INC., (NKA RRI ENERGY, INC.), RELIANT ENERGY SERVICES, INC. (NKA RRI ENERGY SERVICES, INC.) BAKER BOTTS, L.L.P., SIDLEY AURTIN, L.L.P., AND RELIANY ENERGY, INC., Appellee ____________________ This cause, an appeal from the judgment in favor of appellee, Baker Botts, L.L.P., signed February 2, 2010, was heard on the transcript of the record. The record shows that the judgment is not final. We therefore order the appeal DISMISSED.

We order the parties, appellant, Jerry Alfred Futch, Jr., and appellee, Baker Botts, L.L.P., to pay their own costs incurred in this appeal. We further order this decision certified below for observance.