Motion Granted; Order filed December 28, 2012

In The Fourteenth Court of Appeals ____________ NO. 14-10-00971-CV ____________ CITY OF HOUSTON, Appellant V. SHAYN A. PROLER, Appellee

On Appeal from the 234th District Court Harris County, Texas Trial Court Cause No. 2007-30944 ORDER This is an appeal from a judgment signed July 7, 2010. Appellant filed a notice of appeal on October 4, 2010.

On October 19, 2012, the Clerk of this Court issued mandate in accordance with its judgment to the clerk of the court below, Chris Daniels, District Clerk of Harris County, Texas.

On December 17, 2012, appellant filed a motion requesting that the mandate in this cause be recalled. The Court grants the motion to recall the mandate. Accordingly, the Court orders the mandate recalled from the District Clerk of Harris County, Texas.

Appellee’s motion for rehearing is denied.

PER CURIAM Panel consists of Justices Frost, Seymore, and Jamison.